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Need help with probate

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sportmint

Guest
What is the name of your state?What is the name of your state? Florida


Hi I need some help, My mother passed away without a will. I'm the oldest of nine kids. I and my sister took care of your mother until she passed. Now all of the kids want your mother house. I and my sister was going to sell the house and paid it off and pay any bill that your mother left, then what is left we will split. But don't know if this will work. Now I just got a letter from a lawyer asking me to sign off. It seems the sister that helped me with taking care of your mother, is trying to get eveything. Don't know what to do. Should I get an lawyer and fight for my share. But that is the problem, I live on a fixed income, and can't really afford one. So any help would be great apprecaitied.

Thank You
Mary
 


JETX

Senior Member
Do NOT sign anything!!

First off.... NEITHER of you has any 'special' claim to anything!!

As your mother died without a will, the state will determine the distribution of the estate through the 'intestate distribution' laws.

In your case (Florida), assuming that there is no surviving spouse, the following apply:
The entire intestate estate if there is no surviving spouse, passes as follows to:
1. Decedent's lineal descendants.
2. Decedent's parent or parents equally.
3. Decedent's brothers and sisters and the descendants of any deceased siblings.
4. Decedent's grandparents or their children if both paternal or maternal grandparents are deceased. Half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the children of the paternal grandparents (i.e., decedent's aunts and uncles) if both are deceased. The other half passes to the maternal relatives in the same manner. If there is no surviving kin on either the paternal or maternal side, the entire estate passes to the relatives available on the surviving side in the same manner as described above.
5. As a next to last resort, the entire intestate estate goes to the kin of decedent's last deceased spouse as if the deceased spouse had survived decedent and then died intestate entitled to the estate (which means going through all of the above again)."

Simply, EACH of the nine 'kids' gets 1/9th of the overall estate after paying all debts and claims. I would suggest that you try to gather as many of your siblings as you can and get an attorney involved. If you don't, your sister may just end up with everything (as she already HAS an attorney).
 
S

sportmint

Guest
Thank You Jetx

I want to say THANK YOU Jetx for all your help. I won't sign nothing.

Again Thank You
Mary
 

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