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During probate do I need my own attorney?
I live in California, my Dad lived in Montana. He died and his common law wife started probate and according to Montana law we divide everything 50/50 as I am his only child. I think she gets the first $100,000 though but anyway, I am okay with that. I think she has to prove common law too, which I accept. However, her attorney has not contacted me and I have not him. She said he was going to send me power of attorney papers to sign and I said I wanted dual power of attorney. I have received nothing. "If we split things 50/50, why not that to?" I am trying to protect myself. Do I need to get an attorney too? I have somewhat good communication and somewhat know his "wife". I hate to do that because it might cause bad feelings between us and she has some of his things for me. It is all snow up there right now, what should I do? If probate has started, which she says it has, then everything is frozen. Can she gets rights to accounts without me signing anything?
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This sounds like a larger estate so yes you need an attorney and should have already had one before you agreed to anything.
Common law is not accepted by a lot of states anylonger, so she may not have any legal standing at all. Your attorney needs to look into this. And everything is frozen?? No who ever is exectitor of the estate can be paying bills out of the accounts, so you need to be involved from day one and know who is doing what, where the money is, and more. Get the attorney, just to be sure she is doing it right |
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Thanks Fr. Chuck. I just spoke to her today and when I asked her for her attorney's name she said he didn't want that info given to me so that I wouldn't call them, they would call me. I told her that was weird. She said she would them again to call me. I said If they don't get in touch with me I will forced to get an attorney of my own. So if by Tuesday no call, I will get one. I have researched about 15 of them in the city in Montana where she got one. So thanks for the push to go forward with this.
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Yes, sadly money makes people go crazy, I think that actually she has little or no claim, and is most likely moving and hiding everything and trying to get everything done before you get involved.
Next you should call Monday, the probate court and see if she has even filed probate ? They will also tell you who the attorneys are. |
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