I am completing a Petition to Probate Will and Solemn. My cousin past and willed his house to me before he died. Now, I

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Customer: I am completing a Petition to Probate Will and Solemn. My cousin past and willed his house to me before he died. Now, I am putting it in my name. I am listed as the Executor and his brother and sister or their children( if they are deceased) are listed as back up executors if I were deceased. My cousin's brother as well as his sister is being given cars and other property found in the house. I have given them their items. Are they considered heirs? If so, they must sign the Petition to Probate Will and Solemn, correct?
Answered by Lucy, Esq. in 1 min 7 months ago
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Lucy, Esq.
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Lucy, Esq.
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Lucy, Esq.
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Lucy, Esq., Expert

Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry for your loss.

Customer
Hello! Thank you!
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Lucy, Esq., Expert

When you say they're being given property, do you mean that it's stated in the will? You're not giving it to them of your own volition?

Customer
Correct. It's stated in the will.
Customer
His brother gets a car. Sister gets any other thing in the house she wants.
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Lucy, Esq., Expert

Then yes, they're heirs. Everyone who gets something under the will is an heir.

Customer
Perfect. Thought so. Ok, so sadly, his sister is deceased. However, she has children. This means they are to sign in their mother's stead, correct? And do we need a death certificate validating mothers death?
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Lucy, Esq., Expert

They all need to be listed in the Petition as heirs, but if you're the one filling it out and submitting as the Petitioner (and requesting to be named Executor), you're the only one who needs to sign it.

Customer
I am already named Executor
Customer
It's in the will.
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Lucy, Esq., Expert

Do you know if the will says that a person has to survive your cousin to inherit? I know it says that for the executors, but what about the heirs?

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Lucy, Esq., Expert

The judge just has to make it official. One of the sections of the Petition says that you want to be the executor. Because technically, you wouldn't have to do it if you didn't want to.

Customer
IF brother or sister passes their share goes to children.
Customer
His brother is living but sister is deceased.
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Lucy, Esq., Expert

Then you'll need the mother's death certificate and they will all be listed as heirs.

Customer
Ok. Very well.
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Lucy, Esq., Expert

Good luck with everything.

Customer
Do I need to go through her children to get the certificate or can I get it myself by showing the will?
Customer
Or is there another way?
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Lucy, Esq., Expert

It's in the children's best interests to give you a copy, but if they can't or won't, you can submit the request through the state and attach a copy of the order naming you as executor.

https://sos.nh.gov/archives-vital-records-records-management/vital-records/request-for-certificates/

Customer
Great! Thank you! Have a nice day!
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Lucy, Esq., Expert

You're welcome! Thanks, ***** ***** too.

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