probate question

[masterorion]

as of last saturday, my mother passed away. she didnt leave a will and i have questions about a couple things. last may, i moved up here from florida to live with her to assist her because of health issues. so now, i am currently living in the house that she had lived in. it will end up being part of the estate when probate decides what to do with anything. my mailing address is here and i obviously dont have sales reciepts to be able to claim my belongings. my worry is that probate will generalize everything in the house as being my mothers.

my question is, since i live in this house, are my belongings subject to estate sale? or do i need to get my stuff out before they come to do inventory and begin sales of all assets?

also, with regards to a vehicle, that the whole family knew my mothers intentions of, what will happen with it? my mothers intentions were to give it to my sister. but since there is no will, there is no legal paperwork backing it up. the family doesnt have an issue letting my sister have it, but will probate take that into consideration or will they just flat out sell it?

serious answers please. i dont really want any speculatory answers as it will do nothing more than feed my head with false facts. if you have experience in an issue similar to this, it would be much appreciated for a resonse.

 

[Ruffyreborn]

In my experience of relatives passing away, the belongings always went to the next closest and oldest relative, or they were auctioned off.. But I do believe everything should be in yours, regardless of the absence of a will, since (I think?) You are the closest relative.

 

[Karihkinz]

You could always call a small time lawyer, there are plenty of practices everywhere that are just lawyers who work part time. They do notarizations, help people make wills, help with child custody disputes, etc etc. Calling a small time firm of just 1-2 part time lawyers will probably get you a more honest answer because a big time firm will require a charge for even the smallest of legal advice.

I would just check out your phone book, and if you see one you like call and say you have just a couple questions regarding a family death with no will and you would greatly appreciate any answers they can provide to help you get through this easier.

I don't know civil matters very well, so thats the best I can provide. I'm sorry to hear about your mom And I hope things go well for you, since I'm sure that having to deal with this after caring for her must be a heavy burden.

 

[Valandil]

In my experience of relatives passing away, the belongings always went to the next closest and oldest relative, or they were auctioned off.. But I do believe everything should be in yours, regardless of the absence of a will, since (I think?) You are the closest relative.

Absolutely false. If there is no will, the government can do what they want with your mother's belongings. I would suggest getting an attorney ASAP.

 

[Ruffyreborn]

Absolutely false. If there is no will, the government can do what they want with your mother's belongings. I would suggest getting an attorney ASAP.

There was not a will to my parents for my grandmothers house, and we got it. Dunno how thats false

 

[Makelith]

Then there was probably something that happened that you aren't aware of, because Val is 100% correct.

 

[RoM]

http://www.mylawyer.com/guide.asp?level=2&id=627

Should help a bit in the way of understanding what either will happen or what your options are.

From the looks of it depending on the state you're in the government divies up the estate ambiguously and there's really nothing to be done about it.

I'd recommend getting everything you can of yours together and/or making an itemized list of what is your property before they come to take inventory and devide the property/estate.

 

[Ruffyreborn]

Then there was probably something that happened that you aren't aware of, because Val is 100% correct.

no, he isnt, because Im fully aware of what happened. Can you stop trolling me please?

 

[RoM]

no, he isnt, because Im fully aware of what happened. Can you stop trolling me please?

Jesus get a pacifier, the fact of the matter is the comment made was absolutely correct. Your situation and knowledge of the situation is either incomplete or your state made provisions.

That's hardly being trolled.

 

[Ruffyreborn]

Jesus get a pacifier, the fact of the matter is the comment made was absolutely correct. Your situation and knowledge of the situation is either incomplete or your state made provisions.

That's hardly being trolled.

I know what happened, how can my knowledge be incomplete, when its nearly first hand.

And about the trolling. Yeah, he is. All I did was make a request, is that such a problem? Damn.

Edit: I dont really want to start arguing again. I know what happened, I was here when it did. How can I be wrong about that? This is kind of a serious topic, not one that should be argued in, and Im only giving my experience with it, so just accept that, and stop popping up to tell me Im wrong.

 

[Valandil]

There was not a will to my parents for my grandmothers house, and we got it. Dunno how thats false

What likely happened is that one of your parents was listed as a beneficiary on your grandmother's mortgage. That beneficiary status does not apply to everything, just the things in that contract. It's also possible that one of your parents was a co-signer on the mortgage for the house or listed as co-owners on the property deed, that also makes them legal possessors once the primary owner has passed away. It also means that if the house wasn't paid for and there was no Credit Life clause in the insurance policy, your parents would have been legally liable for any remaining debt on the mortgage.

 

[RoM]

I know what happened, how can my knowledge be incomplete, when its nearly first hand.

And about the trolling. Yeah, he is. All I did was make a request, is that such a problem? Damn.

Edit: I dont really want to start arguing again. I know what happened, I was here when it did. How can I be wrong about that? This is kind of a serious topic, not one that should be argued in, and Im only giving my experience with it, so just accept that, and stop popping up to tell me Im wrong.

The only one throwing a bitch fit here is you, dude. Seriously, chill out. The only thing you've managed to allude to about what you know happened is that she died and your folks got the house, you'll pardon us if our accurate answers and actual attempt to take the conversation seriously gets in the way of your vagueries. Chances are either it was the situation listed above or the situation proposed by the link i provided whereas the state simply handed it over to them, regardless it's hardly worth getting all personal about. No one said you were wrong, all that was stated is that the information about the state making provisions independantly in the event no will is left is completely accurate.

If you'd maybe had something a little more detailed than 'i was there, i know what happened. We got the house.' It might be a little easier to take you seriously. Are there details you haden't thought to post that might help? Meetings? Paperwork? An office to contact for information? Was there property that belonged to another family member in the home that had to be dealt with so it was kept out of the sum of the estate? I'm sure information like this would be more than welcome in detail to help MO through or at least get a little idea of what he's in for.

I really don't think the intent of the comment that something that might've happened without your knowledge (simply because your posts lacked depth on the issue) was to flame. Although you may be entirely right, in which case it was a piss poor conversational jab.

 

[Fellina]

Lawyer up, man. There's still a possibility that with a lawyers help, you can get the state to make you the executor of your mother's estate. If you have a lawyer to help you work out the legal snarls, and your siblings backing you up as executor, then the state may give you the ability to divvy out property without having to sell and split everything down to the salt shakers.

 

[Strid]

There is a lot of good advice here but I just want to make something clear (even though it's touched on but only in multiple post) because loosing stuff you work for is damn near heart breaking... Despite what you choose to do, i.e. gettin' a lawyer etc., still get your stuff out. Do not make a list, do not leave anything you own behind even if you have recipes/contracts, etc (if you have those stoere them too). This isn't usually a *big* deal if you have siblings backing you or another close family member but better safe than sorry. Also, if you store your stuff in a storage facility, leave no record of it to be found and don't tell anyone you don't have to. Good luck man and sorry about your Mother.