I submitted a petition for Summary Administration with Kootenai County Idaho because my husband passed away and although
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Customer: I submitted a petition for Summary Administration with Kootenai County Idaho because my husband passed away and although we asked for the titling of our property (home) to be in the way so that it would pass to which ever one of us survived, someone dropped the ball and did not include the "with right of survivorship". We did this about 20 years ago and trusted "the experts" it was done properly. Anyway, now I am told it has to go through the informal probate, so I submitted the petition for Summary Administration which I was instructed to do by legal aide. The court tells me I need to submit a court order along with it. I was not told this by legal aide. So now I am asking where do I get this court order and how do I fill it out? And is there any other papers I need to give to the court to get this done and have the house in my name? Please be more thorough this time. I am a senior and other than the house and one small account, everything else has passed to me.
JA: Have you talked to an ID lawyer about this?
Customer: I talked to legal aide in Idaho
JA: What steps have you taken so far?
Customer: I filed the petition for Summary Admionistration but they say I need to submit a court order for the judge, and any other documents for the judge to sign. I submitted my husbands willwith the petition
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't know. What else should he know?
Answered by James Daloisio in 6 mins 4 months ago
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James Daloisio
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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James Daloisio, Expert

You really dont have to worry. Joint tenancy property automatically includes the right of survivorship.
Customer
Not according to the title company here in Idaho. It was in both our names as husband and wife
Customer
Not according to the title company here
Customer
It was in both our names as husband and wife and I was told it needed to have the phrase "with right of survivorship" added, which apparently was not added. I am told that as it is, he could have willed his half of the house to someone else, though he didnt.
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James Daloisio, Expert

You're not being given accurate information. Please check with First American Title Co on JTWROS.

Customer
I am talking to them now and they say it does not automatically go to me. the law changed around 2008 so it now has to go through a simple probate.
Customer
now, back to my original questions, I have submitted the petition for Summary Administration but I need to submit some kind of court order and whatever other papers he needs to sign. Where do I get that court order form and what other papers might the judge need which I need to submit with the petition?
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James Daloisio, Expert

Thats unusual because Im seeing the same language in the latest documents. Title companies are still routinely using that language. But its no big deal to just add the language....

Customer
Are you a lawyer in Idaho? Since apparently you are not familiar with this situation in Idaho
Customer
What language?
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James Daloisio, Expert

"Joint tenancy with right of survivorship."

Customer
I don't need to add that language. My husband has passed away 3 months ago
Customer
I wish I had know before he passed away about this change so we could have added that language
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James Daloisio, Expert

I'm sorry  hear it. At least now you know.

Customer
back to my initial question......court order? other papers?
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James Daloisio, Expert

Thats the easy part. Just tell the court clerk what you need. Always try to get your materials directly from your clerk.

Customer
I tried that. The court assistance office said they do not provide any forms.
Customer
When I submitted the Petition at the court they said they did not provide forms either
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James Daloisio, Expert

OK. So where do forms  come from in that court? If I go there and need a form, who do I see??Dont you see the nonsense of it?

Customer
I do not know. That is why I am asking you?
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James Daloisio, Expert

Courts always provide their own forms. It shouldnt even be a topic of conversation.

Customer
There is a generic form on a web site they referred me to...
Customer
Then they are giving me the run around?
Customer
But how do I bypass the run around then?
Customer
File attached (6TL3TLM)
Customer
But they didnt tell me what other forms the Judge may need to sign which I am suppose to submit. Just that I am suppose to submit a court order and any other forms for the judge to sign
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James Daloisio, Expert

Thank you. Always check with the clerk. Thats my rule.

Customer
the clerk being the peopl at the court, right? The ones who took my petition?
Customer
What other forms might they need to do this? And how do I fill out the court order I sent you?
Customer
It calls for plaintiff and defendant, which is not applicable, but that is the generic form.
Customer
Are you not there anymore?
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James Daloisio, Expert

Hi again. Sorry for the delay. How are you doing with your case and what questions do you have for me?

Customer
Well, I have asked but you have not answered. How do I fill out the generic court order for the summary administration for the judge to sign and what other forms or papers will the judge need from me to sign when they give him the court order and petition to grant me the papers I need to complete this simple probate?
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James Daloisio, Expert

All you have to do is sign the documents that the clerk gives you. The court clerk will make sure everything is prepared properly. Thats the clerks job.

Customer
on the order which I sent to you where it says plaintiff and defrndant...leave everything blank? Where it says " It is ordered....." ileave that blank? There is no place for me to sign so .....
Customer
what other papers might I need? They will repeat to me they cannot give me legal advice.....so that is why I am asking you
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James Daloisio, Expert

Thats for the judge to sign. All you have to do is sign.

Customer
There is no place for me to sign
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James Daloisio, Expert

Then just submit it.

Customer
I leave the it is ordered area blank?
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James Daloisio, Expert

Yes, thats for the judge.

Customer
what do I do with the plaintiff and defendant stuff?
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James Daloisio, Expert

The clerk will handle it.

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James Daloisio, Expert

Thanks for visiting Just Answer and have a great day.
Customer
I just talked with them, no they will not. They told me I need to fill out what I want the judge to order. Soonce again I am asking you what do I put in the area of what I want the judge to order in the "it is ordered.... section of the court order?
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James Daloisio, Expert

You should know what you want the judge to order. What are you trying to get out of this case and how can a judge's ruling help?

Customer
I want to be able to have the house which is jointly owned but the law changed since we bought the property and niw wontomatically pass to me as it should, and an account which didn't have any beneficiary attached to pass to me who according to his will everything goes to me, his wife. So I submitted a petition for Summary administration to open a simple or informal probate for I guess letters to be able to get these things done. But they want a court order to go along with the petition and what do I put in for "it is ordered?
Do I say it is ordered to give me letters of some kind or to ordered the house and account to go to me ? Or something else?
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James Daloisio, Expert

Ask the court to rule that its your property andask for a judicial deed.

Customer
How do I ask? What wording do I use? Seems like they are fairly particular
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James Daloisio, Expert

"Would the court please rule that its my property, sole and separate, in fee simple."

Customer
OK and asking for the judocial deed?
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James Daloisio, Expert

Yes.

Customer

The order says "It is ordered...." do I say that 1. my address (property) belongs to Denise ****, sole and separate, in fee simple. 2. A judicial deed is to be given to Denise **** 3.letters of probate administration be granted to Denise ***** I want to make sure I am covering what I need to say in the "It is ordered" section. It doesn't seem to be a place to ask "would the court rule..." Did you look at the form I sent you?

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James Daloisio, Expert

Well, you can state all of those things. No speciaal language is required.

Customer
the court is telling me I have to fill out what it is I want the judge to order in the area "it is ordered....." what do I put in...? What all do I want him to order?
Denise ****
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James Daloisio, Expert

You want him to order that the property is to be recognized as belonging to you.

Customer
The order was denied. I filled out as you told me to do, but it was denied. So not helpful at all.
Customer
you did not answer effectively
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James Daloisio
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