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Submit For Your Free Report On Things You Need To Know About Avoiding Probate.

May 2012
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Will Emancipation end Probate?

probate
Seth P asked:


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

2 Responses to “Will Emancipation end Probate?”

  • doingthepanic:

    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.

  • Justin:

    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. :-)

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