Will Emancipation end Probate?
by admin ~ February 12th, 2010 . Filed under: Law & Ethics .
Seth P asked:
I am not legally 18, however I need to end probate. Will emancipation assist in solving my problem.
I am not legally 18, however I need to end probate. Will emancipation assist in solving my problem.
If so, any ideas on how long this process may take?
Randall Enwall
February 14th, 2010 at 3:06 am
Probate is what happens when someone passes away you not end probate is what happens when someone passes away you not end probate is what happens when someone passes away you.
February 16th, 2010 at 8:25 pm
Disclaimer: IANAL
By ‘end probate’ I assume you are referring to whom has custody of you after your parent or guardian is deceased, correct?
If so, emancipation is certainly a option, however, there are a few things I suggest you keep in mind:
The court will be looking for things, such as your holding of a job, and a ’stable residence’ away from your guardian.
The court may look for other things as well, if you can afford it I recommend you ask a lawyer.
If you are not looking for this, then you are likely looking to dispute something in a person’s Will. In this case, you need to provide reasoning, such as stresses on the person or mental illness which prevented them from being in clear frame of mind while their Will was in creation/revision. Again, a lawyer would be advisable under these conditions.
Out of the two above, expect to be able to go to court without a lawyer on the first scenario only.
Hope that helped.