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Want deceased aunts house

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Gulana

Junior Member
What is the name of your state? PA

Not sure if this belongs here or in real estate

My aunt died and owned several properties. In her will she only leaves the main property to my cousin. I have an actual copy of the will. It does not mention the other properties. I assumed the will was probated because she left lots of money to the nieces and nephews and the main property I assumed my cousin sold. If property is not mentioned in a will to be given to anyone specific how can you go about getting the property especially if the executive of the estate has done nothing with it except let it rot.What is the name of your state?
 


seniorjudge

Senior Member
I have an actual copy of the will.

Tell us EXACTLY what it says about real estate.

Also tell us if there is a clause in the will that says something like, "All the rest, residue, and remainder...."

If there is, then tell us EXACTLY what it says.

(Leave out personal or identifying information.)
 

Gulana

Junior Member
Aunts house

All the rest residue and remainder of my estate real or personal i give devise and bequeth in equal 1/4 shares to my sisters (all dead one of the sisters was my mothers mother) and my nephew (still alive I think but old) absolutely.I n the event of my residentuary legatees shall predecease me I direct that their shares be paid over to the survivors or survivor in equal shares.
 

Dandy Don

Senior Member
Check at the county courthouse to verify for certain that the copy of the will that you have is the same will that was probated. And then you should be consulting an attorney to find out exactly who will inherit, and then notify the nephew and the other potential beneficiaries (you may perhaps be included) to hire an attorney to get this matter resolved in probate court since the executor seems not to be interested in doing it. Very odd that the executor overlooked this property in the original probate proceedings (assuming that the will WAS probated), but I guess mistakes can sometimes occur.
 

Gulana

Junior Member
I personally don't want the house I am doing this for my mother. I just want to know if she even stands a chance or are we wasting our time.
 

seniorjudge

Senior Member
I personally don't want the house I am doing this for my mother. I just want to know if she even stands a chance or are we wasting our time.
Has the will been probated?

GENERALLY what is done is all the assets are sold and the heirs split the dough.

If all the other heirs want to sell the house, then ma should buy it (getting, of course, credit for her share).
 

Gulana

Junior Member
Now that I think about it maybe it wasn't probated because according to my mother the three sisters one of those was my grandmother( my mothers, mother) if she is remembering correctly they didn't want the properties. I don't know why they didn't want them. Out of the four properties three sat vacant for years and recently two just got torn down by the city, My aunts house some guy brought. Still trying to figure out that one. And the house we are currently in is the only one that stayed occupied. After my aunt died my cousin dropped off the planet. They didn't pay any taxes on the properties. we have been paying on the house we are in. If the will was never probated does that make this situation worse. Since theres nothing physically left of her estate except this one little house
 

seniorjudge

Senior Member
If you have not probated an estate with one house in it, then you have a major mess on your hands.

You MUST go to an experienced estate attorney and get help.

One possibility is if you can get every heir to sign off on it, ma can pay them something to help clean up the title to the land.

Go hire that lawyer ASAP.
 

Gulana

Junior Member
thanks for all your help i am so stressed out over this situation its driving me crazy. All this for a house that is only valued according to the city at $500.00 Guess I will be going to city hall tomorrow.
 

seniorjudge

Senior Member
is there a staute of limitations on probating a will???
Yes and it is usually very short.

In some states, a will must be produced and probated within a year after the death of the person who wrote the will.

Your only out is to have a lawsuit determining the heirship to the land.

Get a lawyer.
 

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