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succesion laws


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#1 confusedheir1212

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Posted 05 December 2012 - 11:08 AM

My mother passed and a succesion was opened. My brother passed before the succesion was complete. do his children have to open a succesion for him before the money is disburst. They have not done so in 3 yrs since their father passed and refuse to do so. If not, what can be done to complete the succesion of my mother and everyone is in possesion of their money

#2 pg1067

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Posted 05 December 2012 - 02:00 PM

My mother passed and a succesion was opened.


I'll assume that "a succession" is a reference to an action to probate her estate.


My brother passed before the succesion was complete. do his children have to open a succesion for him before the money is disburst.


When you refer to "the money" are you talking about money that would have been paid to your brother by your mother's estate had he not died first? If so, what needs to be done under the circumstances you describe obviously depends on the laws of the unidentified state where all this is happening.


They have not done so in 3 yrs since their father passed and refuse to do so. If not, what can be done to complete the succesion of my mother and everyone is in possesion of their money


Are you saying that your mother's estate is still open more than three years after the date of her death?! Is the sole reason for that because the executor of her estate doesn't know how to deal with the situation involving your brother? If so, whoever is the executor of your mother's estate needs to be speaking with a local probate attorney. To allow a situation like this to drag on for so long is virtually inexcusable.

#3 FindLaw_Amir

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Posted 05 December 2012 - 02:09 PM

I agree with pg1067, this is a matter that the executor of your mother's estate needs to consult with a local Probate & Estate Administration Lawyer.
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#4 knort4

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Posted 10 December 2012 - 08:12 AM

Please mention what state is applicable here. What is the reason that the brother's children refuse to open a succession for him?




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