What are my options if a Will of my father’s has not been sent to probate in both counties of residence?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my options if a Will of my father’s has not been sent to probate in both counties of residence?

My step-siblings are the executors of the Will; their mother passed before my father. They owned property in 2 counties. Will has gone to probate in 1 county but not the other, where my inheritance lies. What are my rights as to the will not be executed in a timely fashion, it 5 years this year. The one step sibling has sold part of the assets and everything was to be divided 5 ways. Was it legal for him to sell 2 items before the Will is in probate? Is there a time limit for them to turn over the will to that county? What are my options?

Asked on May 14, 2012 under Estate Planning, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss.  You can only live in one county as a legal residence but you can own property anywhere. And the Will is to be filed in the county of residence at the time of your death.  If the property is all in the same state then you are fine so the executor has the power to manage it.  If it were in a different state then an ancillary proceeding has to be brought.  The executor has no power to sell property before they are appointed.  It does seem an awfully long time here so I might contact an attorney and see about speeding things up.  ANd ask for an accounting.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption