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Grandmothers estate

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NoraHutch

Guest
What is the name of your state?
Montana
My 100 year old grandmother passed away a few weeks ago. She out lived her husband and two children. The only remaining heirs are grandchildren. One grandchild was legally adopted as a child, so he is technically the only "heir-apparent". There was a will, but nobody seems to have a copy of it, or know where to find it. Her estate is less than $50,000, and consists of only a house with contents. We have someone who is interested in buying the house, but since the "heir-apparent" is not interested in taking care of the details, how can I help to facilitate the buyer?
This is further complicated by the fact that the "heir-apparent" is in California in the army, and the other grandchildren live in Washington.
What if nobody does anything? Does the court step in? Can the buyer petition the court?
 


I AM ALWAYS LIABLE

Senior Member
NoraHutch said:
What is the name of your state?
Montana


My 100 year old grandmother passed away a few weeks ago.

MY RESPONSE: Well, it was about time, right? People kept saying to her, "Hey, shouldn't you be dead?"


She out lived her husband and two children.

MY RESPONSE: No, really? News Flash - - She also outlived Orville and Wilbur Wright, and Henry Ford, along with Albert Einstein and a host of hundreds!


The only remaining heirs are grandchildren. One grandchild was legally adopted as a child, so he is technically the only "heir-apparent".

MY RESPONSE: There is no such thing as ""heir-apparent". He has no better, or worse, standing than any other grandchild.



There was a will, but nobody seems to have a copy of it, or know where to find it.

MY RESPONSE: Then, that means she died "Intestate", whether you want to believe it or not. If you can't find the Will, then that's the way Probate will have to be filed. You can't file something that doesn't exist, or has been lost.



Her estate is less than $50,000, and consists of only a house with contents. We have someone who is interested in buying the house, but since the "heir-apparent" is not interested in taking care of the details, how can I help to facilitate the buyer?

MY RESPONSE: Then you file the Probate action, and have the court appoint you as the Administrator. That way, you'll be entitled to Administrator's fees, and have control over the sale of the house.



This is further complicated by the fact that the "heir-apparent" is in California in the army, and the other grandchildren live in Washington.

MY RESPONSE: So what? When you file, you'll also be sending them Notice of the probate action.



What if nobody does anything? Does the court step in? Can the buyer petition the court?

MY RESPONSE: You're going to take the bull by the horns, and "do something" yourself.


Good luck!

IAAL
 

I AM ALWAYS LIABLE

Senior Member
TOP 10 Things That Happened To Grandma Before and After She Died - -

NUMBER 10: You were asked to leave grandmother's funeral for belching "The Star-Spangled Banner".

NUMBER 9: On her 100th birthday, your grandmother fell down the stairs and you yelled, "Touchdown!"

NUMBER 8: "Hey there's grandma. Wait, didn't she die in '93?"

NUMBER 7: Your only summer fling was kissing grandma during visit.

NUMBER 6: Tongue!

NUMBER 5: She died from something the Taco Bell chihuahua gets shots for.

NUMBER 4: Ever since she turned 97, Grandma affectionately called you "Lil' Flunkie."

NUMBER 3: Just in case, she had Dr. Kevorkian's number taped to the telephone.

NUMBER 2: At her funeral, the entire eulogy is, "Yep. She's dead."

AND NOW, the NUMBER ONE Thing That Happened To Grandma Before and After She Died - -

As you look at her in the casket, you silently wonder to yourself if you caused her death by asking, "Was it '2 pills every 12 hours' or '12 pills every 2 hours'?"


IAAL
 

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