Almost to the end of our rope with probate issues
 

Kinda wondering if there are any Florida Attns here, or maybe an underwriter for a Title company? I don't know where else to turn. I will try to lay out the issues in as short a space as possible and then you can see where we are and maybe someone can help. More lawyers are probably the answer, but with the wife out of work for almost 2 years and the siblings not being able to help, we aren't able to spend lots of money at this point.

Here it is:

My wife's mother died in November 2008. She had a joint will with a prior husband. He died in 1989 and his estate was probated and she got all his stuff including the house that we are now trying to sell. She didn't go and make a new will she just kept that one. This will had a "simultanous death clause" that stated if the two of them were to die together- here is what we want done with our stuff, and named my wife and her three siblings, and also his 5 kids from a previous marriage. When we went to court and the judge construed the will in 2009 she ruled the simultaneous death clause invalid since they died 20 years apart. When you take away that provision there was no other direction so the judge ruled that the will was valid, but since there was no direction then for all intents and purposes she died intestate. The judge further ruled that the other 5 people named as heirs was removed from the estate, since they weren't blood relatives. So far so good. The problem is that even though my wife as personal representative of the estate has an order allowing her and her alone to sell the property the title company is requiring that all nine individuals named in the will sign a quit claim deed. Easier said than done. My wife and 2 of her siblings, and three of her step siblings have already signed. Two of the step siblings and her step brother have not. They think there is something in it for them and so far have refused to sign. And if there are no sigs then there is no sale. The title company has said they don't care what the judge says that they are gonna require the sigs. We have spoke to two other title company's and they say that they might can do it without the sigs but you are into them for $500.00 by the time they can make the decision and we can't afford to pay that kind of money to find out if they can or not. It is on my wife and I to spend any money that needs to be spent cause the others aren't financially able to pay anything towards any costs. There is no money in the estate and this house is worth $30,500.00 so it isn't like we're talking about millions here. I have a call into the county judge, and the probate judge. If there is anyone here who can help PM me and I will give you my phone number, I will drive 4 or 5 hours to see you, whatever it takes at this point to move forward. My wife wants this done, and it is affecting her mentally and physically and it needs to be over. I can see probate taking a long time for big estates but this is a thirty thousand dollar estate and to still be in it over two years later is a testament to idiocy of the system.

Any help at all would be highly appreciated at this point.
Thanks
Greg G

Re: Almost to the end of our rope with probate issues
 

Good luck Greg. I hope you get it all straightened out.

Re: Almost to the end of our rope with probate issues
 

Sorry to hear this. I hope you get some resolution soon.

Re: Almost to the end of our rope with probate issues
 

Good Luck Brother!!

Re: Almost to the end of our rope with probate issues
 

Yesh .....I got nothing for you man, but I sure hope it works out dude! I wouldn't wish that on anyone

Re: Almost to the end of our rope with probate issues
 

Not a lawyer - but I was the executor of my mother-in-laws estate.

That said: if for all practical purposes she died intestate, the judge removed the other five, your wife is the personal representative which allows her to sell/dispose of the property - why not go down to the county clerks office with the court rulings (papers) and see if you can have your wife named on the deed.

We are in different states so different laws - but here in Virginia we did a very similar thing. We were told that we needed a title company to do it when in fact we didn't. A friend of my wife's who is a paralegal dug up the paperwork for us - we filled it out - and went to the county clerks office and filed. Done deal.

Any way - worth a shot. Hope it all works out for you soon.


Ron

Re: Almost to the end of our rope with probate issues
 

Hope It Works Out Quickly, Brother!:tu

Re: Almost to the end of our rope with probate issues
 

Good luck to you. My dad passed away with a will, it still took almost a year for the probate to be finalized. The lawyers and courts really make it difficult for a person/family.
Again good luck to you and your wife

Re: Almost to the end of our rope with probate issues
 

I;ll check into that. Thanks, anything is worth checking out at this point.

I did talk to the judge's assistant today and explained to her what we were up against, and just like that we are on the court docket for a hearing later in the month. What the crap am I paying an attn for? Isn't that something he should have done a couple month's ago? that's the kinda crap that makes me loopy.

Re: Almost to the end of our rope with probate issues
 

We appreciate the well wishes guys. I told my wife when we started down this road that we would have to keep putting one foot in front of the other til the end. We are still walking but it is a weary road.

Re: Almost to the end of our rope with probate issues
 

Sounds like a difficult situation Greg, but it sounds like you might be making a little headway. Best of luck in the continued process and prayers for you and your wife's sanity. :tu

Re: Almost to the end of our rope with probate issues
 

Well after this and a couple other things I have been through in the last ten years I should be able to pass the Florida Bar when it's over.

Re: Almost to the end of our rope with probate issues
 

Positive thoughts for a speedy, uncostly resolution brother. :D

Re: Almost to the end of our rope with probate issues
 

My dad has acted as executor several times. He would only do so if the will was up to date and checked by an attorney. I recall he still had issues with my grandmother's estate. I didn't go nearly as long as you have been waiting, though.


MCS

Re: Almost to the end of our rope with probate issues
 

^^^ What Mac said....

Re: Almost to the end of our rope with probate issues
 

Sorry to hear this, Greg. Sounds like a royal pain. Hope you work it all out and pull some heads outta some...

Re: Almost to the end of our rope with probate issues
 

good luck greg,

the court should be able to issue a clerk's deed which should be able to be recorded, giving your wife sole posession and title of the property which the title company should be required to accept to transfer the property, otherwise i would mention to the title company that if you have to go elsewhere you would be filing a complaint against them....that should get things moving...

another thought, if your mother in law and her late husband were on the property in joint tenancy, then the property passed outside of the will.

Re: Almost to the end of our rope with probate issues
 

Death and Taxes. :mad:
No avoiding either. :bh
Probate is like purgatory.
Hope this works out soon for you.

Re: Almost to the end of our rope with probate issues
 

Greg, God's blessings on you and especially your wife. Will keep you in my prayers on this.

Peace of the Lord be with you.

Re: Almost to the end of our rope with probate issues
 

Does Indiana permit capital punishment? :r

Re: Almost to the end of our rope with probate issues
 

Hey Greg.
My wife is going to send this info to her niece and sister who are in the real estate and title businesses to see if they have anything helpful. Will let you know what they come up with.

Re: Almost to the end of our rope with probate issues
 

Ain't entirely the system greg....that's the remnants of a poorly drafted will....damn I hate that....good luck brother

Re: Almost to the end of our rope with probate issues
 

Thanks Paul.
Well maybe, but the title company claims they are protecting themselves "in case someone tries to sue them down the road" but it seems to me that the defense or indemnity would be the judges order removing those individuals from being heirs in the estate. Or am I stupid? I have asked two other lawyers that same question and both of them agreed that would make sense, and what really scalds me is the fact that he title company states they dont care what the judge says. Why are we paying the judge all this money (taxpayers) if her rulings don't mean anything?