Almost to the end of our rope with probate issues

G G · 01-04-2011, 12:01 PM

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

shvictor · 01-04-2011, 12:36 PM

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

Eleven · 01-04-2011, 12:49 PM

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

Ogre · 01-04-2011, 02:39 PM

Good Luck Brother!!

BloodSpite · 01-04-2011, 03:25 PM

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

RGD. · 01-04-2011, 05:17 PM

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

longknocker · 01-04-2011, 05:48 PM

Hope It Works Out Quickly, Brother!

TonySmith · 01-04-2011, 06:19 PM

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

G G · 01-04-2011, 07:15 PM

Quote:

Originally Posted by RGD.

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

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.

G G · 01-04-2011, 07:16 PM

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.

chippewastud79 · 01-04-2011, 07:28 PM

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.

G G · 01-04-2011, 07:31 PM

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.

kelmac07 · 01-04-2011, 09:27 PM

Positive thoughts for a speedy, uncostly resolution brother.

MajorCaptSilly · 01-04-2011, 10:07 PM

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

BlackDog · 01-05-2011, 02:21 PM

Quote:

Originally Posted by ggainey

Almost to the end of our rope...

Quote:

Originally Posted by MajorCaptSilly

My dad has acted as executor several times.

Does Indiana permit capital punishment?

CBI_2 · 01-05-2011, 07:50 PM

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.

BigAsh · 01-05-2011, 08:34 PM

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

E.J. · 01-04-2011, 10:18 PM

Quote:

Originally Posted by kelmac07

Positive thoughts for a speedy, uncostly resolution brother.

^^^ What Mac said....

01-04-2011, 10:26 PM

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

colimo · 01-04-2011, 11:51 PM

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.

01-04-2011, 12:01 PM	#1
G G BR549 Join Date: Oct 2008 First Name: Greg Location: Taylor, FL. Posts: 12,730 Trading: (10)	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

01-04-2011, 12:36 PM	#2
shvictor Instigator Join Date: Oct 2008 First Name: Steve Location: Lathrop, CA Posts: 2,846 Trading: (40)	Re: Almost to the end of our rope with probate issues Good luck Greg. I hope you get it all straightened out. __________________

01-04-2011, 12:49 PM	#3
Eleven Solid As The Sun Join Date: Aug 2009 First Name: Scott Location: SW Ohio Posts: 1,859 Trading: (23)	Re: Almost to the end of our rope with probate issues Sorry to hear this. I hope you get some resolution soon. __________________ CA: putting the 'man' in bromance since 2008! --markem.

01-04-2011, 02:39 PM	#4
Ogre **CENSORED** Join Date: Apr 2010 First Name: Larry Location: Central Florida Posts: 12,068 Trading: (46)	Re: Almost to the end of our rope with probate issues Good Luck Brother!! __________________

01-04-2011, 03:25 PM	#5
BloodSpite He Who Dares...WINS! Join Date: Oct 2010 First Name: Joe Location: Southwest, Missouri Posts: 364 Trading: (1)	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

01-04-2011, 05:17 PM	#6
RGD. God Like Status Join Date: Oct 2008 First Name: Ron Location: Alexandria, Virginia Posts: 971 Trading: (1)	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

01-04-2011, 05:48 PM	#7
longknocker Postwhore Join Date: Oct 2008 First Name: Greg Location: Mobile, Alabama Posts: 11,174 Trading: (82)	Re: Almost to the end of our rope with probate issues Hope It Works Out Quickly, Brother!

01-04-2011, 06:19 PM	#8
TonySmith Feeling at Home Join Date: Oct 2008 Posts: 653 Trading: (1)	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

01-04-2011, 07:16 PM	#10
G G BR549 Join Date: Oct 2008 First Name: Greg Location: Taylor, FL. Posts: 12,730 Trading: (10)	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.

01-04-2011, 07:28 PM	#11
chippewastud79 Fatter than you! Join Date: Oct 2008 First Name: Larry Location: A little place called home. Posts: 5,397 Trading: (44)	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. __________________ If we weren't supposed to eat animals, then how come they're made of meat? You can never have too many cigars, they are like an investment in good times.

01-04-2011, 07:31 PM	#12
G G BR549 Join Date: Oct 2008 First Name: Greg Location: Taylor, FL. Posts: 12,730 Trading: (10)	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.

01-04-2011, 09:27 PM	#13
kelmac07 Resident Maduro Whore!! Join Date: Apr 2009 First Name: Mac Location: Newport News, VA Posts: 27,322 Trading: (218)	Re: Almost to the end of our rope with probate issues Positive thoughts for a speedy, uncostly resolution brother. __________________ Dom in the MLB thread "I could probably get you to wear a Yankee hat for a Maduro!"

01-04-2011, 10:07 PM	#14
MajorCaptSilly Sklee Join Date: Oct 2008 First Name: Scott Location: Mishawaka, IN Posts: 2,523 Trading: (30)	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 __________________ Pillsbury, Minneapolis, Prince, Spoon Bridge and Cherry, coinkydink?

01-05-2011, 07:50 PM	#16
CBI_2 Have My Own Room Join Date: Oct 2008 First Name: Paul Location: In my skin. Posts: 2,066 Trading: (0)	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. __________________ "The welfare of humanity is always the alibi of tyrants." Albert Camus Cool Cigar Themed Stuff

01-05-2011, 08:34 PM	#17
BigAsh Don't knock the Ash... Join Date: Oct 2008 First Name: Keith Location: Yardley, PA Posts: 5,046 Trading: (46)	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 __________________ Keith

01-04-2011, 10:26 PM	#19
mariogolbee Guest Posts: n/a	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...

01-04-2011, 11:51 PM	#20
colimo friend of Brother Maynard Join Date: Mar 2009 First Name: doug Location: centennial, colorado Posts: 1,322 Trading: (41)	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. __________________ Life is too short for cheap beer, cheap liguor and bad cigars...gimme a guinness, glenlivet and a good cigar on a golf course and its heaven on earth!!