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LisaDo

Junior Member
I had borrowed money to hire an attorney for my mothers probate but this was all going on during my divorce and my X was keeping all the correspondance from the attorney so they wound up dropping the case half way through. (I still have to pay the $4000 back to my friend and the probate is not complete) So I received a letter from the court saying they are going to drop it if I do not respond. I can not hire another attorney I do not have that kind of money but I need to complete the probate because there is a house involved, that my son lives in and we can't just let it go. I also would like to get the $8000 I shelled out for the funeral back from the estate as well as the $4000 for the attorney. I have exhausted all my fund on this and am a single mother. Anyone that can suggest what to do would be really appreciated. Thanks
Lisa
 


nextwife

Senior Member
Ask the son who is benefitting from use of the house to help you out? Are there other estate beneficiaries? Are there estate creditors? If the house is an asset sufficient to cover the cost of probate, perhaps an attorney would agree to wait if the estate is listing the house and selling it right away.

Is son living there by himself? Could he cover more expenses if he got a (responsible) roommate or two?
 

LisaDo

Junior Member
Okay I needed an attorney because when I went to the courthouse after my mother died to find out what I had to do to settle the estate, I was told that I had to use an attorney and it had to go through probate in the court. So I did. There was no money, just 2 house both with mortgages on them. I paid for the funeral because she was my mother. I was an only child and I exhausted all my money doing it but the first funeral parlor I went to actually laid out the deceased in a cardboard box for cremation services. That was $5000. I splurged and spent another 3 grand making sure it was done right. As for my son, he is a single father of a 4 year old and a full time student. As soon as the probate is done and the house is in my name I am quit claim deeding it over to him. He has been paying the mortgage on it through this whole mess. But he doesn't have the money to pay for an attorney either. My mother had another small house in a senior community that was foreclosed on about a month ago. I couldn't rent or sell it the market was awful and I didn't have the money to pay that bills there for a house I couldn't do anything with.
The X husband was taking all the mail for months before he moved out because he didn't want me to know he stopped paying the mortgage on MY house. The day after I got served with the foreclosure papers he moved out. (I am in mediation with the mortgage company and they are allowing me to assume the mortgage and are actually modifying it to a decent interest rate for me) The next piece of correspondance I received from the attorney was saying that the court let them remove themselves from the case because they were unable to speak to me. When I did have him he told me that before anyone got any money, the court would make sure that I was reimbursed for the funeral and the probate costs. (12k) When they foreclosed on the 2nd house, I received a letter stating the money from the sale was being held for 2 months in order for me to file my claim. I have NO CLUE how to do this, it was supposed to be part of the probate case.
 

curb1

Senior Member
The only real solution is to sell the house. Son will have to find a place to rent. Will there be any money left after house sells, or is the house "underwater"?
 

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