does a relative have to initiate probate?

[nana518]

What is the name of your state? Tennessee

My mom died in May of 2003, my dad followed her in August of 2003. They owned a home together. My dad was in a nursing home and receiving state assistance for his care. There is a small second mortgage of about $4,000.00 on the home and I have been paying the monthly payment along with the home owners insurance. The house is probably worth about $70,000.00. There are now real estate taxes due which I have not paid. I was smart enough to get my dad's power of attorney after I found out how impossible it is for someone to die and not have it. I have totally ignored taking care of any of this as I have been devastated by this unbearable loss. I have a brother and he has not wanted to do anything to help. He didn't help when they were living I guess why should I expect him to help now that they are gone. I need to know what steps need to be taken to get the burden of the house off of my shoulders. I know that the state will probably get most of the proceeds from the estate and I am thinking why should I have to spend a fortune to probate something which I am not going to gain anything from. Do the costs of the probate come out of the estate? Please give me any advise or information which will help me get out from under this burden.

 

[I AM ALWAYS LIABLE]

My response:

You are not obligated to do anything. You would only Probate the estate IF you wanted to exercise an interest in it.

So, the bank or the State will merely hitch their pickup truck to the trailer, anyway, and cart it off to the auction.

IAAL

 

[lwpat]

"I was smart enough to get my dad's power of attorney after I found out how impossible it is for someone to die and not have it."

I don't think this came out the way you intended. The POA was terminated when your father died. I am sorry for your loss and can sympathize with the brother who won't help but will certainly expect his share of the estate.

You need to visit the county probate court and have yourself named as executor of the estate. You can then have the house put up for sale and split the proceeds with your brother. You will be entitled to a fee plus you should recover any expenses you have already paid out of pocket. You will also have to pay any remaining debts out of the estate prior to any distributions.

"Do the costs of the probate come out of the estate?"

Yes

If there is not enough equity in the estate you can do as IAAL suggested and just forget it.