Non-probated estate questions

[passingby]

What is the name of your state? VA

It's been almost a year since my mom died. Her small estate (around $45,000, mostly cash in her bank account)was never probated. She left about $15,000 in credit card bills which are not being paid.

My first question: Since the bills are not being paid, when is it safe for the heirs to split up Mom's assets?

I'm being told by my brother that his lawyer said after one year the bill collectors can't get paid and we can then split the money. My lawyer told me that there is no time limit on collections unless you go to probate and set one and that if we take any money the creditors 'could' come after us for it at any time since the money WAS there for the bills to be paid and essentially we took what was rightfully theirs.

My second question: Can the creditors come after the heirs if they find out the money was there and we split it up before paying them?

 

[Warped]

I'm not a lawyer!

That sounds like fraud to me. Your mom legitimately (sp?) made the $15,000.00 in credit card debt and has enough in her bank to pay it off so, pay it off!

One of you needs to file to become executor/administrator of her estate with the probate court unless her will names an executor/administrator and then follow the letter of the law in settling her estate.

 

[passingby]

sounds like fraud to me too

It sounds like fraud to me too! That's why I'm concerned about it. I don't want to get trapped up in something like this just because I'm an heir! I have been against the non-paying agenda from the start. In fact, now brother won't talk to me about it anymore because I can't be 'trusted'!

I tried to sign up as Administrator a few months ago, however, because the mess has gone so far I could not get bond insurance. Brother had promptly removed Mom's assets from her apartment and gave what he didn't want away to friends. He also had her mail forwarded to his address and he won't provide any sort of inventory of her assets or her bills in detail so you can see what a mess this is for a bonding insurance company. I was told this estate carried too much baggage to try to clean up reliably and would most likely result in the insurance having to pay out, so no one would touch it!

Another question: Anyone know what I can do to divorce myself from being seen as part of this conspiracy to defraud the creditors?