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Heir Refuses To Sign Final Probate Release

On Lawyer & Legal » Wills & Trusts

2,320 words with 2 Comments; publish: Mon, 13 Sep 2004 20:12:00 GMT; (800101.56, « »)

The state is: The state is: PROBATE ACTION IN ARKANSAS

The heir to his grandfathers will - our nephew now will not sign the final

release to the probate action. He did sign initial waiver. His mother

is executrix - has signed/notarized all paper work sent to her.

Attorney retained ( sight unseen - ) insists that this nephew has to sign

the release or the probate cannot close.

I beg to differ - and want to know what the alternatives in Arkansas are in this case.

What my feeling is - the probate judge can order this nephew to show why

he will not sign the final papers.....order him to appear in court - then

if nephew does not appear- the judge can * see * nephew is not going to

comply - can then close probate**.

How far off am I in my opinion?

If I am on the right track. how long do I wait to inform the attorney

that I want him to get off the stick - get going on the alternative and

close probate.

Fees have been paid - probate started last December.

I also have a connection via e-mail to the probate judge who would have

heard this case in Aug......this court date was missed due to this

nephew refusing to cooperate -

Any feedback ?

if so can you post also to my email addy....jewels4u .willstrusts.todaysummary.com. charter.net

with my thanks.


All Comments

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    • Quote:
      How far off am I in my opinion?
      About as far as a blind coon dog chasing the Channel Rabbit
      #1; Tue, 14 Sep 2004 13:15:00 GMT
    • If you have not already done so, the executor should try to contact the nephew by letter or by phone to try to determine WHY he will not sign the final release (is he dissatisfied with the accounting information, or does he just not understand the purpose of the document he is being asked to sign, etc.). After you find out his reason for objection you may be able to answer/correct any concerns he might have.

      It is considered less than professional to contact the probate judge by e-mail (although I do admit it could be an advantage in this case) since all dealings with this judge should ideally be conducted only in court where there is an official record of what transpired.

      DANDY DON IN OKLAHOMA (tiekh.willstrusts.todaysummary.com.yahoo.com)

      #2; Tue, 14 Sep 2004 13:08:00 GMT