Small estate with no will - Page 2

Fressa · ‎03-20-2012

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.

spud188 · ‎09-23-2010

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.

Mona_L · ‎08-07-2014

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.

SaRina · ‎04-17-2015

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.

goldensrbest · ‎03-10-2010

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.

When you lose some one you L~O~V~E, that Memory of them, becomes a TREASURE.

qbetzforreal · ‎08-28-2010

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.

Ibby114 · ‎03-10-2010

Are you your Mom's POA?

software · ‎06-08-2016

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!

Mominohio · ‎08-08-2010

@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.

NicksmomESQ · ‎08-19-2014

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.