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Sister taking over

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C

crlnptr

Guest
washington state

my mom died last week.. she has always told to me and friends that she did not want the rest of the family to know. there is one son and two other girls besides myself. she had a falling out with them over 5 years ago. but, her best friend made me contact them. when we talked on the phone they both told me they didn't want anything from the home..
my daughter, her grand daughter moved in with my mom back in june. my mom told me and friends that that the house and everything would go to my daughter.. i am really not sure if there is a will.. can what my mom has said to people over write the will? my daughter took items out of the home, because she couldn't live there? my sister said there is a will and now we are in trouble. and that we can put in jail.
 
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advisor10

Guest
2-28-2002

DEAR CRLNPTR:

Normally it is a requirement that the will be filed within 30 days after a person dies. You need to check at the county courthouse to see if the will has been filed yet. You can't really figure out how the estate is going to be divided until you see what the will says. If there is a will, sister needs to submit it to probate court, or if she is delaying for some unexplainable reason, anyone could get an attorney to get the probate court to force her to produce the will to the court.

However, if there is NO will, then all of the children by law have a right to share in whatever is left in the estate. Someone (any sibling or whoever is going to be responsible for handling your mother's affairs) will have to file paperwork at the courthouse to become administrator of her estate, claiming all assets and paying any outstanding debts, and then dividing what is left over among the heirs. Even if there IS a will, there is a requirement that children must be mentioned in the will, so if it says the daughter gets everything, that could be challenged but you would have to visit a local probate lawyer to find out what your rights are.

What your mother said verbally can not override the will because there is no official written record of it. It was her mistake not to have had a will made up.

It is highly unlikely that anyone would be put in jail for taking some items from a home, but the administrator might get court authority to ask for the items to be returned, since they officially belong to the estate and the administrator is responsible for dividing up the property that is left over. But if that person decided to keep them (depending on what their value is), and if that person was a family member who wanted them for sentimental value, I don't think they would get in any trouble if they decided to keep them.

SINCERELY,

advisor
 

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