I will try to shorten this, but I have been researching a lot.
Decedent did will 1981 in WA , died there 1987, will filed w/ probate office in county of residence as Will only. Only WA assets = personal goods, no Real property. Hubby (decedent's son) and I left everything in will including oil/mineral rights in ND considered by law to be Real property. 11 other living kids left 0 in will. Will never probated because estate was thought to be minimal. Kids in WA area divvied up all personal goods in WA. All my hubby got was a few pictures and a small lease check annually from some oil rights--less than $5 a yr.
Oil/mineral rights that we did not KNOW about in ND have now surfaced and have become valuable; kids now demanding split (threatening blackmail lies against hubby their own brother & to befoul their mom's memory, say she was incompetent, etc.) Mom had self-proving will done per WA regs; witnessed by lawyer and another witness, notarized. Yeah, she was crazy alright...like a fox). Hubby is disabled, sibs are not--he needs $$$ from oil rights more than his able bodied sibs & his mom knew this.
Only Real property to be determined exists in ND. But ND has time limit for probate (3 yrs.). WA does not. We are extremely broke and no way to borrow $$$. Have done pro se legal processes before (bankruptcy and social sec. appeal). My planned course of action = open probate in WA; requires filing with existing case number & requesting transfer from Will Only to Probate. NEXT do ancillary probate in ND, where we expect biggest fight with sibs. Have located all necessary blank forms. Lawyer in ND (consulted) says that if WA probates the will either informally or formally it will simplify the ND case.
However, we live in WI. WA requires any PR to be resident or get an atty or agent in county of probate.
Q= Are we limited to an Informal Probate/ Adjudication if we specify no PR needed? Or can we modify the formal Probate form to show that we only wish to Prove the Will... that all property in WA has been distributed and we agree with the distribution (we don't but too late now), need no letters testimentary, and plan to file ancillary probate in ND to determine distribution of Real property in ND. (WA probate case cannot determine distribution of the ND real property anyway). And if os, is it best done within the form itself or with an addendum referred to on the form?
PS We DO plan to bring on an atty in ND once ancillary is opened (the one we consulted with said he will take case once WA case is settled). The estate AT THIS TIME is a very small one, but once oil starts pumping, as you can imagine it will grow quite substantial.
PSS I think sibs expect probate to be Perry Mason drama. So far as I understand, the garbage they're threatening hubby with cannot even be brought UP in ND probate court and will be laughed at if they try to bring criminal case (alleged events/LIES occurring 30+ yrs ago--when he was a MINOR, no physical evidence, and just a COINCIDENCE??? that they are only bringing this up now because of oil rights???). Sheesh!
Thanks for your patience...
Decedent did will 1981 in WA , died there 1987, will filed w/ probate office in county of residence as Will only. Only WA assets = personal goods, no Real property. Hubby (decedent's son) and I left everything in will including oil/mineral rights in ND considered by law to be Real property. 11 other living kids left 0 in will. Will never probated because estate was thought to be minimal. Kids in WA area divvied up all personal goods in WA. All my hubby got was a few pictures and a small lease check annually from some oil rights--less than $5 a yr.
Oil/mineral rights that we did not KNOW about in ND have now surfaced and have become valuable; kids now demanding split (threatening blackmail lies against hubby their own brother & to befoul their mom's memory, say she was incompetent, etc.) Mom had self-proving will done per WA regs; witnessed by lawyer and another witness, notarized. Yeah, she was crazy alright...like a fox). Hubby is disabled, sibs are not--he needs $$$ from oil rights more than his able bodied sibs & his mom knew this.
Only Real property to be determined exists in ND. But ND has time limit for probate (3 yrs.). WA does not. We are extremely broke and no way to borrow $$$. Have done pro se legal processes before (bankruptcy and social sec. appeal). My planned course of action = open probate in WA; requires filing with existing case number & requesting transfer from Will Only to Probate. NEXT do ancillary probate in ND, where we expect biggest fight with sibs. Have located all necessary blank forms. Lawyer in ND (consulted) says that if WA probates the will either informally or formally it will simplify the ND case.
However, we live in WI. WA requires any PR to be resident or get an atty or agent in county of probate.
Q= Are we limited to an Informal Probate/ Adjudication if we specify no PR needed? Or can we modify the formal Probate form to show that we only wish to Prove the Will... that all property in WA has been distributed and we agree with the distribution (we don't but too late now), need no letters testimentary, and plan to file ancillary probate in ND to determine distribution of Real property in ND. (WA probate case cannot determine distribution of the ND real property anyway). And if os, is it best done within the form itself or with an addendum referred to on the form?
PS We DO plan to bring on an atty in ND once ancillary is opened (the one we consulted with said he will take case once WA case is settled). The estate AT THIS TIME is a very small one, but once oil starts pumping, as you can imagine it will grow quite substantial.
PSS I think sibs expect probate to be Perry Mason drama. So far as I understand, the garbage they're threatening hubby with cannot even be brought UP in ND probate court and will be laughed at if they try to bring criminal case (alleged events/LIES occurring 30+ yrs ago--when he was a MINOR, no physical evidence, and just a COINCIDENCE??? that they are only bringing this up now because of oil rights???). Sheesh!
Thanks for your patience...
