If a will was "settled" does the process need to be repeated if we moved to a different county?

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A couple lived in a retirement community. He died in February. His widow, my mother-in-law, stayed in the community until July, in large part to settle up his estate. She moved to Virginia to live with her daughter (my wife) and me in July. The widow was notified in November that, since the community was partially in Franklin and partially in Fairfield County, the entire process of settling the estate must be repeated in Fairfield County. This will require retaining someone to function as the executor as well as numerous forms, filings, and, of course, legal expenses. Doew the entire process of settling the estate have to be repeated literally across the street from where five months of forms and filings were just completed?

My motherin-in-law is fully able to tend to her own affairs. She is obviously distraught on loosing her husband and rather lost in the legal requirements of Ohio. Any assistance will be gratefully appreciated.

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This scenario sounds so bizarre that I wonder who sent you this notice. You should be aware that the lawyer handling the estate probate should be the one to advise you as to the necessity of duplicating things that have been already completed. It would be his responsibility to file the correct pleadings with the court.

In my active years I handled a pretty fair number of probates. Either there is the possibility of some kind of a scam going on or you have misunderstood the notice that you received. Ask the probate lawyer and if that fails, make a copy of this "notice" and send it to the court with a request to tell you if is is correct procedure or not.

I assume that your mother is the executrix of the estate but your inquiry leads me to believe that your parents' home was in a community property state, I practiced in Oregon and we are not such a jurisdiction there may well be issues that I am unaware of.
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Follow-up question on "settling" an estate.

My mother-in-law and her husband lived in a retirement community for approximately five years prior to his death in February. While she was still in Ohio, my mother-in-law was the executor of the estate. An attorney managed the probate process in Franklin County. Now the attorney is stating that the community is partially in Franklin County and partially in Fairfield County. He now maintains that the entire process must be repeated in Fairfield County. Does one estate require settlement in both counties?
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This scenario sounds so bizarre that I wonder who sent you this notice. You should be aware that the lawyer handling the estate probate should be the one to advise you as to the necessity of duplicating things that have been already completed. It would be his responsibility to file the correct pleadings with the court.

In my active years I handled a pretty fair number of probates. Either there is the possibility of some kind of a scam going on or you have misunderstood the notice that you received. Ask the probate lawyer and if that fails, make a copy of this "notice" and send it to the court with a request to tell you if is is correct procedure or not.

I assume that your mother is the executrix of the estate but your inquiry leads me to believe that Virginia is a community property state, I practiced in Oregon and we are not such a jurisdiction there may well be issues that I am unaware of.
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Wherever the deceased person was domiciled is the county and state where the will should be probated. Your attorney should have told you that. Good Luck!
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Probate is usually based on where the person was domiciled, eg. where primary residence was, had their car registered at, had their drivers license, registered to vote, file their income taxes from. So which county was the address in? Was it filed properly to begin with?

What was listed in the paper for the deceased address for the "Notice to Creditors" regarding the estate? My understanding is that IF this was done properly, whomever (not just creditors but family or anyone who might have a claim) have 90 days from the first publication to present a claim or request movement of the claim to another county or object to the letters of testamentary & naming of executor/ix. If nothing is done within the 90 day period any claims after that are barred. The notice is required to be published in the newspaper with the widest circulation in order to be valid (some require it be done 3 times- with a 7/10 day window for printing, so it's actually 100 days).

The attorney who handled the probate should have a copy of the notice and publication dates. You likely can do an on-line review of legal notices for the paper too. What did the probate attorney say?
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First who is telling her this must be completed again? If it is the one of the counties, I would recommend you contact the office of the state legislator for that area and explain the situation and the terrible burden it is putting on your mother-in-law.
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