Posted on: 01st Oct, 2009 07:41 am
My dad passed in the mid-70's. Back in '84 my siblings and I signed a document pertaining to the property deed, giving over the property to my mother.
We didn't realize until this week that the document was done prematurely as the estate was never probated. The county probate office doesn't have a record of the document that we signed (even though we have the original) nor do they have any record/history of the estate ever being probated.
Now, more than 30 years after his death we would like to probate the estate.
Questions:
1. Can we ignore the document that was signed back in '84 as it has deceased children on it?
2. Can the widow and the living children be the only ones named as probating the estate or do we have to involve the children of the deceased siblings because the siblings were living at the time of his death?
3. We have a child of one of the deceased siblings living at the resident. That we would like to force out of the home as she doesn't work, clean or assist our mom in any way. Our mom feels sorry for her and allows her to continue to live there. However, our mom had stroke recently and requires aide. The child (soon to be 22) refuses to even give medication, cook, clean or do anything for our mom. What can we do in lieu of the probate issue resolution to get some relief from this dead beat niece and force her out?
We didn't realize until this week that the document was done prematurely as the estate was never probated. The county probate office doesn't have a record of the document that we signed (even though we have the original) nor do they have any record/history of the estate ever being probated.
Now, more than 30 years after his death we would like to probate the estate.
Questions:
1. Can we ignore the document that was signed back in '84 as it has deceased children on it?
2. Can the widow and the living children be the only ones named as probating the estate or do we have to involve the children of the deceased siblings because the siblings were living at the time of his death?
3. We have a child of one of the deceased siblings living at the resident. That we would like to force out of the home as she doesn't work, clean or assist our mom in any way. Our mom feels sorry for her and allows her to continue to live there. However, our mom had stroke recently and requires aide. The child (soon to be 22) refuses to even give medication, cook, clean or do anything for our mom. What can we do in lieu of the probate issue resolution to get some relief from this dead beat niece and force her out?
Hi Toshae!
Welcome to forums!
You cannot ignore the document just because it has deceased children on it. However, as the document was signed prematurely, it may be ignored. But, I would suggest you to contact an attorney and get his opinion in this regard. He will be the best person to let you know whether or not you would be able to ignore the earlier document. If the probate is done now, I think you will have to include the the children of your deceased siblings along with the living siblings and the widow. This is because your father's will must have mentioned your deceased siblings as his heir.
As far as your niece is concerned, I don't think you would be able to remove her from the property deed if her parents are mentioned in the will. She will have the right to receive her portion of the property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You cannot ignore the document just because it has deceased children on it. However, as the document was signed prematurely, it may be ignored. But, I would suggest you to contact an attorney and get his opinion in this regard. He will be the best person to let you know whether or not you would be able to ignore the earlier document. If the probate is done now, I think you will have to include the the children of your deceased siblings along with the living siblings and the widow. This is because your father's will must have mentioned your deceased siblings as his heir.
As far as your niece is concerned, I don't think you would be able to remove her from the property deed if her parents are mentioned in the will. She will have the right to receive her portion of the property.
Feel free to ask if you've further queries.
Sussane
Thanks Sussane. However, I neglected to mention. The reason why we are wondering if the earlier document can be excluded is because there wasn't a will. We believe that the attorney or representative had us to sign those papers thinking that the estate was in probate. In line with what the law dictates regarding dying and not having a will. The property would have gone to my mom and the living children. But since there was no will and it was never probated, we are wondering if we can ignore the documents.
Hi Toshae,
As there was no will, it is not required to conduct a probate. The heirs to the property can file an affidavit of heirship at the county recorder's office and transferred the property in their name. I would suggest you to contact an attorney and take his opinion in this regard. He would be the right person to let you know as to who would be considered as the heirs to the property.
Thanks
As there was no will, it is not required to conduct a probate. The heirs to the property can file an affidavit of heirship at the county recorder's office and transferred the property in their name. I would suggest you to contact an attorney and take his opinion in this regard. He would be the right person to let you know as to who would be considered as the heirs to the property.
Thanks