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? asked in Politics & GovernmentLaw & Ethics · 1 decade ago

HELP: Probate Court etc.?

I'm going to try to make this as simple as possible. I need some advice (lots), my lawyer is making no effort to help me.

My great grandmother passed away in 2009, and I (and my brother) inherited her estate. My brother does not really bother to help with anything, so all this has been put on my shoulders. When my grandmother passed I had spoke with her lawyer, and he was supposed to be getting everything done, so I would be able to sell the house. I have been calling to check up and nothing has been done. Now, 1.5 years later I am being asked to pay $350 for probate court from the lawyer? I am young and have no idea what I am doing, but I need all this to be done right, and as quickly as possible, since the lawyer wasted all this time already. So now to get to the point, is it possible for me to take this to probate court myself? If so, how do I do this and what am I supposed to be filing? And approx how long does probate take?

Also, my great grandmother had a safe deposit box, I had given the lawyer the key to it (because he asked), and asked him to get everything out for me. There is family herilooms in there that mean very much to me. Now, once contacting him he tells me that he cannot open it because his name is not on it. The box only has my great grandmother's name and my father's name. But, my father has already passed (shortly before my great grandmother), so now what happens with the safe deposit box? Can I never retrieve anything from it?

Adding to the complications, I live on the other side of the US, and am going there in March for a weekend to take care of the things inside the home. I will be doing an estate sale with the belongings. Is there anything I should know about this? While I am down there I want to do as much as I can, so what else should/can I do?

I know this was complicated, but I really need help with this. I am feeling overwhelmed and need this all to be taken care of as soon as possible. Thank you in advance for your help.

Update:

I've also heard of a petition to probate court? What exactly is that? And would I be able to do that? There is a will in place.

1 Answer

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  • 1 decade ago
    Favorite Answer

    safety box: do NOT let your lawyer into it. PERIOD. take a copy of both wills and the certified death certificates of both your grandmother and father to the bank. that should be enough proof that the safety deposit box now belongs to you.

    yes, pay the lawyer to take everything to probate. if you are not happy with the job he has been (or has not been) doing, get somebody else.

    better plan on more than a weekend to get everything settled with the house. it's going to take more time than that.

    also, hire a reputable real estate dealer in that area and get the house appraised and once the probate is settled, have them put it on the market.

    if both wills state equal division of the property, make sure your (lazy) brother pays half of everything up front and IF you are named executrix to the estate, make sure you get your fee (usually 10% of the estate) also before dividing the proceeds with your brother.

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