What happens when something goes into probate?
my aunt passed away about four months ago. She didn't leave a will, but she had property. Now all of a sudden, three "sisters "have shown up. They are her step sisters but they were never a part of her life. I didn't even know about them. Now they have put everything into probate without telling us. We have a lawyer and were going to do the same, but now its official. What are my rights? do I even have any as her niece? My dad (her brother) died a year ago, so that was my connection to her. I loved her, she brought my family to the US. I don't want her things and her property to be handed to people that are only involved for the money. Help!
Answers:
Probate means "to prove the will" If there's no will, then your state's intestacy laws will determine how the estate is to be divided.
"Something" is called an "estate".
Keep your lawyer. the probate judge will settle it. For better or worse, there are formulas to follow and it depends on what state you live in.
Family by marriage might split 1/2 of the estate. Leaving your brother's family the other 1/2. And then again, maybe not.
The court determines how property (the estate) will be distributed, based on the laws of the state. That's what the probate process is -- it determines what happens.
If there is no will, then it follows the rules set forth, which are based on distribution to next of kin.
How much a person was involved in the deceased's life doesn't matter -- only the degree of relationship. The involvement or any other subjective preferences are meant to be resolved by the will -- absent a will, those factors don't apply.
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