My wife moved out with my kids back on March/05. In her Case Conference Brief she is asking to return back to to home and have me removed.
My house was purchased 6 years prior to my marraige and is owned 50% by my father's estate. My mother still hasn't probated the will, and from my understanding she does not need to. In my dads will which was done back in 1984 it states that everything he own's goes to my mother. I have supplied my wife's lawyer with this information along with a copy of the will. His reply was we want to know if it's the Last Will and Testament. Well how can we do that without probating? I agreed to have my mother sign an affidavit stating it's the Last Will and Testament. Her Lawyer is requesting a Certificate of apointment. Those the burden fall on me to prove my father's estate belongs to my mother, or those it fall on my ex to prove that thier's another will? Which thier isn't..
This will make a big difference on equalization.
My house was purchased 6 years prior to my marraige and is owned 50% by my father's estate. My mother still hasn't probated the will, and from my understanding she does not need to. In my dads will which was done back in 1984 it states that everything he own's goes to my mother. I have supplied my wife's lawyer with this information along with a copy of the will. His reply was we want to know if it's the Last Will and Testament. Well how can we do that without probating? I agreed to have my mother sign an affidavit stating it's the Last Will and Testament. Her Lawyer is requesting a Certificate of apointment. Those the burden fall on me to prove my father's estate belongs to my mother, or those it fall on my ex to prove that thier's another will? Which thier isn't..
This will make a big difference on equalization.
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