Claims Against the Estate

[MN245]

Hello,

Short story-Uncle is Excutor of Grandfather's estate. Will says share and share alike. My father died before the last CD was cashed in. Told Uncle we the child want my father's inheriance from Grandfather's will. Uncle says no way your dad died with out a will. This is all happening in North Dakota.

I filed a claim against the estate as a creditor. I asked that due to my unlce's lack of not closing out the estate that I could not tell them how much was coming to us children that I needed discovery of this information and closure of the estate to take place.

I tried to get discovery by a subpoena that Unlce declined to follow up with me with the needed information to determine what was coming to our father. Our Unlce never closed out nor did any other paper work for the estate other than going before the court to become excutor of the estate.

In my claimes against the estate I made reference to fraud on my unlce's behalf and asked to terminate the unethical administration. (59-01-06 §§1.,2.,3.) (30.1-21-03.1),(59-01-06 §§1-2-4-10-12-13-14-15-16-17).

I sent in my filing fee along with the claim against the estate form. My filing fee was returned to me with a hand written note saying "there is no filing fee for your claim" Deputy Clerk. The Clerk of Court is who told me how much the filing fee was. I am confused here.

My claim was received by the courts Jan 25th of 2008. My Check returned to me on with a hand written note on scratch paper Feb. 2nd 2008. I called the court house to find out if my case was going to be heard in probate court and when the date was set for.

The reply back:There is no hearing scheduled. You may write a letter to the judge making reference to your claim and what you are requesting. Also make reference to Probate case No. ******. You must send a copy of your letter to the North Dakota Law Firm that drew up the will.

I am very very confused as to why I would be contacting a law firm and the Judge. I never received a letter from the ND courts denying my claim.

I did contact the law firm to hear from them that the ND Courts sent my claim to them. They then forwared the claim to my uncle. The Firm told me they no longer represent my grandfather's estate or my uncle.

Is this normal proceedure for the courts to do on such a claim? Will I hear back from the courts in 20 business days after my uncle was forwarded my claim from the law firm? Am I suppose to wait to hear from the Judge on this matter or should I be contacting the court house to see why I have not yet been given a hearing date on my claim since they took the time to forward my claim onto the Law Firm?

Sincerly,

MN245

 

[lwpat]

Any inheritance due to your father will go into his estate. You do not have standing to file a claim against your Grandfather's will. That will have to be done by the PR of your father's estate. What do they say?

 

[MN245]

My father has no estate other than what was due him from the will. My uncle claiming because my father died intestate he is not due any thing from prior to his death or after his death from the will of his father. CD money came up after my father's death from Grandfather's estate, I told the executor of the estate my Uncle that we wanted to help pay off my father's debt and since we (the 3 children of our father) are the next of kin, that we wanted what should of been our father's inheritance from the will. All I want from the executor is the truth to what my father was to of inherited and where it is. I then want to go after that inheritance. Because my uncle has not closed out the estate I have no paper work showing a thing. I want to force him to have to close out the estate and after 5 years since my grandfather's death, I believe now that the last CD has been cashed that this should be done.

It has been almost 25 days since my uncle was forwarded my claim and not one word from him or an attorney.

Right now my father's estate does not exist so, an excutor for the estate has not been deligated to me as of yet since I have not filed anything with the courts in this matter. I hope by clearing up Grandfather's estate my father will have an estate for me to be able to use to clear up his funeral cost and the last bit of debt still out there.

 

[lwpat]

The best thing to do is to open probate for your father and be named as the personal representative of his estate. Then as PR request the information from the law firm. You will need to send them an original of your appointment and also an original to the court.

Contact the probate court in ND and get a copy of the file and ask for the name of the clerk handling the case. Once you have gone over the file you can call the clerk and ask questions about what you do not understand. They cannot give you legal advice but they can explain the paperwork in the file. A personal visit is the best way.