topic Re: Small estate with no will in Community Chat

Small estate with no will

Beautiful life — Thu, 26 Jan 2017 18:56:51 GMT

My brother passed away a few months ago. He has a condo in California worth 80k that is paid off.

He is divorced with no children. My mother is the next of kin. My mom is elderly and I am the one that takes care of her. She wants me to help her with finding out if my brother had a will or if she is entitled to own his property. We don't know much about his personal stuff.

There was a rumor from his x wife.... coming from my other brother....... That she has a paper from my brother that she is on the deed but didn't record it yet. Currently the only one on the deed is my brother. I had it looked up. Our family is broken apart we do not talk to anyone. My mom had his mail forwarded and we get his bills. The utilities bills keep coming. My mom doesn't know if she can call the companies up and terminate them.

I have tried getting free advice from attorneys, but the want you to hire them. My mom doesn't wasn't to pay anything knowing that a rumor that his ex was going to get his property. My mom already paid his services when he died.

We dont know where he banks or much of anything. He has a roommate and believe he's still there. We saw a bill that was paid from a cable company.

He did still talk to his X wife and has for over 12 years.

Has as anyone gone through this?

Re: Small estate with no will

cherry — Thu, 26 Jan 2017 18:59:32 GMT

With the type of advice you are after, I would only consult an attorney. Free advice is often ,about what it is worth

Re: Small estate with no will

Bri21 — Thu, 26 Jan 2017 19:55:02 GMT

You need to talk to an attorney. Nobody can advise you on something like this

Re: Small estate with no will

dex — Thu, 26 Jan 2017 19:04:07 GMT

i think the roommate should be paying some of those bills.Who is collecting his rent?I think you need to find a lawyer...maybe there are

some that are appointed by the state and don't charge as much.I have never hired a lawyer so I can't say that I know anything about it.

Re: Small estate with no will

deepwaterdotter — Thu, 26 Jan 2017 19:07:44 GMT

The cost of an attorney's advice now will pay dividends in the future.

Re: Small estate with no will

dooBdoo — Thu, 26 Jan 2017 19:24:38 GMT

deepwaterdotter wrote:
The cost of an attorney's advice now will pay dividends in the future.

Exactly what I was thinking, @deepwaterdotter. Saving money now, with free legal advice, will be costly in the long run. I'm sorry for your loss, and for the troubles involved in working all this out.

Re: Small estate with no will

sunshine45 — Thu, 26 Jan 2017 19:09:43 GMT

if it has already been a few months since his death, i would hire a lawyer pronto. every day you delay is probably costing your mom more money.

Re: Small estate with no will

2blonde — Thu, 26 Jan 2017 19:12:08 GMT

I'm sorry to say I don't think there's any way for you to handle this without a lawyer. There are just too many unanswered questions, and you don't even know how or where to get the answers. Right now, that roommate has it made, so he may be a big problem.

Re: Small estate with no will

SeaMaiden — Thu, 26 Jan 2017 19:12:09 GMT

Get a good lawyer. It is worth the money to know your rights.

Re: Small estate with no will

151949 — Thu, 26 Jan 2017 19:15:36 GMT

First of all - tell the room mate to either pay the utilies or they will be shut off!. I'm betting he will pay them.

Re: Small estate with no will

Fressa — Thu, 26 Jan 2017 19:16:31 GMT

You really need to consult an attorney. Check the legal aid groups and see if they can give yoiu some guidence. The size of the estate does not always equal the complications. If the ex wife has her name on the deed but it is not yet recorded---that's a red flag. If there is a roommate at the condo then why arene't bills being paid and what was the arrangement? Only a lawyer can handle this mess. You will need to act sooner than later so you can find the critical papers like insurance policies, bank statements, etc. (especially with someone else in the home)

My aunt passed away and had a companion living with her. She left no will. It was a small estate but the legal bill was sky high because of this type of mess. None of her paperwork was in order or existed.

Get some legal help asap and save all the receipts from the bills that you are paying. Once all the facts are available the legitimate owner of the condo should imburse you for those expenses. Discuss that with the legal people.

Re: Small estate with no will

spud188 — Thu, 26 Jan 2017 19:18:10 GMT

A condo worth $80,000 is no small estate,I am sure your Mom could use the $$ from it's sale.

A lawyer can find out if there was a will filed and who is on the deed. Get busy.

Sorry for your loss.

Re: Small estate with no will

Mona_L — Thu, 26 Jan 2017 19:18:38 GMT

1. All court records are for public viewing .... call the county in CA and ask them any questions concerning names on deed(s).

2. Unless your brother had a will stating an ex was the recipient of his property/money, then I do not understand why she would be entitled.

3. A good divorce lawyer certainly would have had "her" name removed from all properties at the time of the proceedings (sometimes a forgotten pension or insurance policy can be claimed if the deceased failed to change the beneficary).

4. Contact the Probate Court in the county where your brother lived to see if a will is on file ... if not, and none is found in his house, it would appear he died in intestate, and his immed. family would inherit. Sorry for your loss.

Re: Small estate with no will

SaRina — Thu, 26 Jan 2017 19:24:11 GMT

If you cannot afford to hire an attorney, there should be a Legal Aid Clinic in your state to represent you or, if there are law schools in your area, they often have "professor with students" who can help. Call the American Bar Association as well.

Re: Small estate with no will

goldensrbest — Thu, 26 Jan 2017 19:26:19 GMT

You ,or your mom do not have to pay his bills,too many just go ahead and pay, you do not have to do that.

Re: Small estate with no will

qbetzforreal — Thu, 26 Jan 2017 19:37:52 GMT

Check with what ever county he resided in Probate court. No will, estates are decided on in Probate court.

Probate court is a specialized type of court that deals with the property and debts of a person who has died. The basic role of the probate court judge is to assure that the deceased person's creditors are paid, and that any remaining assets are distributed to the proper beneficiaries.

This is what happens in California.

Re: Small estate with no will

Ibby114 — Thu, 26 Jan 2017 19:37:39 GMT

Are you your Mom's POA?

Re: Small estate with no will

software — Thu, 26 Jan 2017 19:49:26 GMT

I can't imagine a condo anywhere worth only $80k!

Maybe that's what he paid for it but I bet it's worth double now.

Get a lawyer, get rid of the roommate and sell the condo.

Immediately!

Re: Small estate with no will

Mominohio — Thu, 26 Jan 2017 19:59:00 GMT

@goldensrbest wrote:
You ,or your mom do not have to pay his bills,too many just go ahead and pay, you do not have to do that.

As far as I understand, this is accurate information. Unless you or your mother co signed any leases, credit applications or loans for/with your brother, neither of you are obligated to pay a single one of his left over bills, and I'd stop doing that right now.

You definitely have to find a good lawyer. One of my first actions would be to get the room mate out of the house. Especially if he has no contract about being there. As others have stated, there may be important papers in the home (insurances, wills, safety deposit box keys etc.) that are key to determining just where you all will stand with the estate.

I'm guessing that you also have the option to do nothing. Legal fees could indeed eat up most of the estate, and you and your mom may be spinning your wheels, and doing a lot of work and putting yourselves through a lot of stress, to really end up with no financial gain for it.

If it were me, I'd look at it like if he had lived another 30 years, you wouldn't have anything from him during all that time, your mom most likely would have passed before him and received nothing to assist her in her aging years, and you'll be no worse off than if he had outlived you both. It may just not be worth the effort and cost to pursue this.

Re: Small estate with no will

NicksmomESQ — Thu, 26 Jan 2017 20:01:29 GMT

You need to get a lawyer asap who specializes in wills & estates in California!! This lawyer is worth the $$. Also, realize that the condo is worth more than you think!! The lawyer will investigate the local courts & determine if a will was probated on behalf of your brother's estate & proceed from there!! The lawyer will also check the county property records to determine who's name is on the deed.