Help! My mother died without a will and I am curious about Affidavits of Heirship...

[Mom2NMKP]

What is the name of your state? Idaho.

My mother passed away on March 8, 2005, suddenly and without a will. I am an only child. Her husband, my step-father, passed away in 1997. That makes me her sole heir. She lived and died in Alabama. I live in Idaho. She also owns property in Alabama (a trailer and land) which is completely paid for. I have learned a few things by calling attorneys and pestering them. Here is what I know so far: I have 2 options, I can either put her estate through probate and there is a 6-month time for creditors to file a claim against her estate and they are notified by the court as to what her assets are, OR I can file an Affidavit of Heirship but must wait the entire 2-year statute of limitations to be able to sell the land to give the creditors their time to file. However, I have contacted her few creditors and all are either going to "write it off" or I paid the utilities, etc. She had nothing major in debt. This all has me thrown for a loop b/c, like I said, I have contacted her creditors, paid a few, and others have said they will "write it off." How will they know if I don't put her estate through probate that she even has an asset of the land??

Okay, here goes a few more questions ...
Why the 2-year statute of limitations? Can I sell the property during the 2-year waiting period (meaning accept money for it now) and just have them transfer the deed into their name (the buyers) at the end of the 2-year waiting period (since it is a family member who wants to buy it, they are willing to do this)? If I execute an Affidavit of Heirship do I have to wait the 2 years to sell the property or can I sell it immediately? I don't know what to do here and am going INSANE!! LOL. Any advice, questions, etc are greatly appreciated. Please feel free to email me Thank you.

 

[BlondiePB]

You forgot another option which is that the creditors can force the estate into probate and collect what is due them.

 

[Mom2NMKP]

How do the creditors learn that she owns property?? I am just beginning in this so please any advice is appreciated. Thanks in advance.

 

[BlondiePB]

How do the creditors learn that she owns property?? I am just beginning in this so please any advice is appreciated. Thanks in advance.

The information is public and available via public records.

 

[Mom2NMKP]

The information is public and available via public records.

My question is, how do the creditors know to even look for an asset of, say, property? Do they do it automatically when they are notified of her death? Etc?? I am NOT in any way trying to skirt my responsibilities, just trying to understand the different options that have been presented to me and the best way to proceed. I am not understanding why one attorney told me to do an Affidavit of Heirship b/c the issues were clear that I am her only surviving heir and there is probate which is another option...I am mainly trying to understand what the pros and cons of each are. Thanks.

 

[BlondiePB]

My question is, how do the creditors know to even look for an asset of, say, property? Do they do it automatically when they are notified of her death? Etc?? I am NOT in any way trying to skirt my responsibilities, just trying to understand the different options that have been presented to me and the best way to proceed. I am not understanding why one attorney told me to do an Affidavit of Heirship b/c the issues were clear that I am her only surviving heir and there is probate which is another option...I am mainly trying to understand what the pros and cons of each are. Thanks.

Creditors have research departments. Opening probate will keep this from dragging on and on. Have you talked with an attorney in the county where your mother resided or where you reside? As for why one attorney suggested you wait and do the Affidavit, I do not know why that attorney told you to do that.

 

[Mom2NMKP]

Creditors have research departments. Opening probate will keep this from dragging on and on. Have you talked with an attorney in the county where your mother resided or where you reside? As for why one attorney suggested you wait and do the Affidavit, I do not know why that attorney told you to do that.

I do not know why he suggested it, just that he stated the issues were clear. I am honestly trying to figure out what is the best course without calling more attorneys and asking them their opinions. The attorney that suggested is in the county/state that my mother resided in. He stated that there would be a 2-year waiting period which is the time that the creditors, etc, would have to come forward to claim anything. With probate, I know it's 6 months. This is the whole reason I am confused is b/c he mentioned the 2-year time frame and the Affidavit of Heirship and I only knew of probate. Any suggestions?

 

[BlondiePB]

Any suggestions?

Make a decision.