Filing for probate when there are a bunch of children

Filing for probate when there are a bunch of children often requires planning and thinking. That is a probate when the decedent had many children can bring pitfalls to the petitioner for probate. This is particularly true when there is no will (i.e. intestate succession) or a poorly drafted will or a will that is […]

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Co-Administrators in Probate – another problem

I am often asked by prospective probate clients if they can serve as co-administrators or co-executors or co-personal representatives. For all practical purposes those three things are the same but the key is the word “CO.”  Co as in two or joint or together. That is usually two siblings want to work together so they […]

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“Letters Testamentary” v. “Letters of Special Administration”

I had an interesting case lately. The decedent had money in another jurisdiction that was not in their trust. However, it’s in a different jurisdiction, with different laws, and it sounds like the bank account has some funky titling not normal in the United States. It simply wasn’t clear what the banker wanted to clear […]

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What do you do if the EXECUTOR dies during probate?

I have a case going right now where the Executor has died before distributing the entire estate. In fact, he was the sole heir but for various reasons he never got around to finishing the probate… for 5 years! The fact that he died does not change the fact that he, or his estate, is […]

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