Mom died no will - disputing brothers

[angel11]

My mom passed away in Florida, no will. I have a manic depressive brother living within the house who is disagreeing with the other brother on the house. I did a financial analysis of her debts and assets to find: 21,000 in credit card debts, 1,000 in medical bills, 700 utiities bills outstanding, house value approx. 25,000. with a 17,000. mortgage. I live in NJ. I was there for only a week and wonder how I can wash my hands of the whole situation. I so far have notified the credit card companies of the death and met with a lawyer for a 30 minute free consultation while down there. The laywer seemed to state that I must probate and public notice it. He felt the credit card debt would go away, but due to my brother who has serious delusional issues of buying the house without understanding all three of us are owners. I am not really certain what to do and have recently mailed him the paperwork. He was chosen by the other younger brother who feels selling the house will net him something. I see a loss by paying a mortgage, homeowners, etc. til it sells to get a profit of only about 3000, if we are lucky. The older brother thinks it is all his and is calling my voicemail screaming at me. What can I do to protect myself from liability. I suspect that I will not use this lawyer and relied on my brother to pick him, and I have already given him a retainer. I avoided going down there due to my manic brother living in the house, he is on Social Security for his condition. Any advice? I really need some. The lawyer most recently asked for an appraisal which my younger brother informed me about. The lawyer has not answered my emails nor cashed my retainer.
Signed
Confused and Stressed

 

[ALawyer]

You can disclaim your right to any inheritance from your mother and let the other heirs have it all, and fight it out amongst themselves. And stop payment on the check.

 

[angel11]

reply to disclaim right to inheritance

How and where. I assume it is a form. Since I am in NJ. Can I do it, or a NJ lawyer or does it need to be a FL lawyer. If FL who would you recommend.

 

[ALawyer]

Use a Florida lawyer.

 

[advisor10]

11-30-2001

DEAR ANGEL11

Has anyone filed paperwork with the probate court to be the administrator of your mother's estate? If you haven't done it, then it may be best to, as you say "wash your hands of the whole situation". Did you pay the attorney a retainer to become the executor/administrator, or just for probate advice? If he is not responding to your communications, then you have grounds to fire him.

The credit card debts will probably be written off (after about a year) as a bad debt (if we assume that your father is not living) since they have no one else to collect from. Technically they could file a lien against the estate for the profits from the house (if it is sold) but that may be more trouble for them than it is worth, and as of now they have no reason to believe that the home will be sold, since technically it belongs to the mortgage company and they will probably assume that your brother is going to continue paying off the mortgage.

Technically, the estate is bankrupt if there are not enough assets in it to pay off the debts, and that is what you will have to tell any creditors who inquire. The responsibility for paying the the public notice ads and probate filing fees is that of the administrator of the estate (whoever that will be).

You need to get a second opinion on whether or not you actually need a form to decline your portion of this estate. Actually you don't need to do anything since you have no liability to protect (you will not be getting anything from a bankrupt estate, unless through some miracle you all discovered some valuable asset belonging to your mother that you weren't aware of previously). Your declining could be done by simply drafting a letter stating that you decline.

Since it seems your brothers have more to protect (the home), let one of them file to become administrator and let them handle all the headaches and expense of getting this estate handled.

SINCERELY,

[email protected]

 

[angel11]

Thank you ALawyer

Spoke with and hired a FL lawyer today, and stopped payment on the check for the other. I am now a relaxed person again!!! You were absolutely right!!! Plus I read some of your other postings, esp. to the educational loans, and I like your style. You have EQ and IQ. Now I can continue to have a relationship with both brothers seperately and get out without liability! I also sent my two brothers FL statute 735.301 and 732.402 and told them to work it out.