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Father Passed \ No Will \ Unmarried Partner Wants Executor

 
 
Reply Mon 21 Nov, 2022 09:47 am
Our father passed in September, and left no will. My brother and I would like to keep his partner (they were unmarried) in their jointly owned home, but to do this they need to open up his estate. We agreed to grant her executorship, and she agreed to leave half the house and it's contents to both of us in a trust.
Her lawyer sent us the document to grant her executorship, but no other documents were provided to us regarding the trust or anything else.

My question is, do they need to open the estate before such documents can be drawn up? I feel as though we are being asked to hand it all over to her with no guarantees as it stands right now. Lawyer promised to email us trust documents, but nothing has been forthcoming. We trust her, but we also want everything to be on the level before signing it over.
 
tsarstepan
 
  2  
Reply Mon 21 Nov, 2022 10:02 am
@lakelandmusic18,
1. We aren't allowed to give legal advice here.
Quote:
D. THIS SERVICE DOES NOT PROVIDE PROFESSIONAL LEGAL ADVICE. All of the services' content, including postings, is for informational purposes only. The service is not intended to be a substitute for professional legal advice, and no attorney/client privilege is to be inferred from any postings herein. Always seek the advice of a qualified legal professional with questions you have regarding a legal matter. You should not disregard professional legal advice because of something you have received from or read in the able2know service.

2. That said, why haven't you hired your own attorney to help you swim through this murky legal stream?
lakelandmusic18
 
  -2  
Reply Mon 21 Nov, 2022 10:03 am
@tsarstepan,
Neither my brother nor I can afford a lawyer.
lakelandmusic18
 
  -2  
Reply Mon 21 Nov, 2022 10:26 am
@tsarstepan,
Also my question is a general legal question, not asking for advice about what I should do. I just would like to know in general does an estate need to be opened up before the trust documents are allowed to be drawn up?
Mame
 
  3  
Reply Mon 21 Nov, 2022 11:24 am
@lakelandmusic18,
We don't know! Depends on where you live and other factors. Consult Legal Aid.
0 Replies
 
engineer
 
  3  
Reply Mon 21 Nov, 2022 01:56 pm
With all the above comments about legal advice, I would take on the executorship and hire an attorney out of the estate.
0 Replies
 
jespah
 
  3  
Reply Tue 22 Nov, 2022 11:27 am
@lakelandmusic18,
It will help to use the correct terms when Googling.

When there's no will, the person in charge of distributions is not called an executor. They're called an administrator. Even if the lawyer's wording is executor, it's technically incorrect and is probably an instance of someone just not updating the form correctly.

I have no idea what you mean by "open up the estate". Create a bank account in the estate's name? Go through probate? Something else?

Houses are worth big bucks and, even if they're falling apart, the land they sit on is also valuable. For many people, it's the most valuable asset they own/can leave to someone else.

For that reason alone, get yourself a lawyer who has experience with trusts and estates and is admitted to practice in your jurisdiction. Your questions have some complexity to them and there's a lot of value at stake.

This is not the time to go cheap on this stuff.
0 Replies
 
bobsal u1553115
 
  1  
Reply Sat 26 Nov, 2022 04:39 pm
Hire a lawyer who specializes in family law/estate law.
0 Replies
 
bobsal u1553115
 
  1  
Reply Sat 26 Nov, 2022 04:42 pm
@lakelandmusic18,
Re: tsarstepan (Post 7282389)
Neither my brother nor I can afford a lawyer.

Sure you can. He'll be paid out of the estate.
0 Replies
 
 

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