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  • From: EarthNSky <erthnsky AT bellsouth.net>
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] Wills... Just stiff (seriously OT, but I need to vent)
  • Date: Fri, 17 Nov 2006 18:52:59 -0500

I called the clerks office at the probate court today. No case yet.
She had no information whatsoever. I was told that there is no time
limit for a will to be probated...the lady said "It could happen
tomorrow, 4 years from now, or never". Since my father was new to the
area, she told me to call the county in MO where he previously lived to
see if a will was registered there, and if it is, then I might be able
to get the attorney of record...maybe..
Since a lot of you live in MO, which court would I call there to check
on whether a will was registered? Circuit?

Our South Carolina county has a probate court judge.

Ours does too.

We were involved in the probate of a tenant who borrowed money from
us, her son stold it, and used it on drugs and gambling. The probate
court judge is the one who orders printing of the waiting time for an
estate to be settled and then has the final hearing. If you contact their office before the deadline, you will be included in hearings
and probably copies of documents.

Well, I struck out.
Maybe this is the time to ask a few dumb questions:
1. When is a will not probated?
2. The clerk I spoke with assumed that I wanted to challenge the will,
but I told her that I had no clue as to what it contained and therefore
had no intention of challenging it, but during that conversation, she
used a lot of terms I am unfamiliar with. I don't recall them now, but
I think the gist of it was something akin to an application that I would
file contesting the will and causing a probate case??? She really lost
me in all that legal gobbledygook.
3. If a will is written and registered in one state, but the person dies
in another, as may be the case here, which probate court would handle
the case, if it went to probate?

4. Isn't the executor required to notify everyone mentioned in the will?
If so, how much that be done, and what if it isn't done properly?

Bev


--
BevanRon of EarthNSky Farm NW Georgia USDA Zone 7
34.498N 85.076W Bev is Earth, Ron is Sky





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