Sorry I wasn't clearer before, lwpat

[Rnay]

We have no access to legal representation for the probate we have to start. There is nowhere to beg or borrow funds from. Period. We have someone lined up for ND ancillary probate but we have to file in pro per in WA first.

Here is an easier question: when the heir's siblings who were disinherited in the will challenge it, does the cost of their attorney(s) and their court costs get billed against the estate, even if they lose (which they should). They are better off than we are and have lawyered up. I THINK it would be unfair for the estate to pay for their high-priced representation unless they prove their case. But just because it is unfair does not mean that may not be the law, right?

The one thing we do have going for us is that they have mis-stepped. They tipped their hand that they are questioning the practice/ethics of the very experienced WA lawyer who helped the decedent do her will as well as the notary and witnesses. That lawyer called us, totally disgusted with the sibs' antics so he is eager to put them straight. Unfortunately, he cannot represent us but at least we can consult a little on paperwork and procedures, and he will gladly defend his past good work on this will.

 

[Rnay]

PS This attorney is willing to wait for payment as he is sympathetic to our situation, but he does not reside in the county where the decedent's will was filed and he is semi-retired. Also, there's a clear conflict of interest, having helped the decedent execute the will and being one of the witnesses.

 

[lwpat]

He should be able to recommend someone. They will have to pay their own attorney fees win or lose.

 

[Rnay]

Thanks, lwpat. That sounds good. If only the ND statute of limitations were not a potential problem, we could just open probate there. That is where the only unresolved assets--real property--are located. It is a much shorter drive from where we live and we have an attorney there who will work within our budget constraints.

There are exceptions to the time limits within the ND Century Code but they are certainly not clear. I am trying to find some case law to help but so far the only thing I have located is the Appellate Court; nothing applicable found there so far.

Thanks again, lwpat.