Estate with no will or executor

[justalayman]

curb1;3165837]1) There was no crime by "disney".

seriopusly? As I said, there could be an explanation but as she described it, she ripped off the estate. Yes, that is a crime. She also may have ripped off creditors of the estate.

2) There were no probate-able assets listed by the OP for mother-in-law. The only mention of a house was stated as "our house", not the mother-in-law's house. As stated, poor advice was given on this forum. There is no way the nursing home should be able to collect from children, or place a lien on "our house" (OP's house).

THE HOUSE and no, read again. when they said this:

and just enough taxes to keep the house off the auction block (out of our own pocket). I

why would they say anything about paying the taxes for their own house OUT OF THEIR OWN POCKET? That is pretty much a given, don't ya think? In fact, it has no place in this if they are speaking of their house. It does not affect the issue.

 

[curb1]

1) "She (disney, the only beneficiary) ripped off the estate". How do you figure? Why is it a crime? There was no crime. Who would prosecute this? Who would file a crime report?

When my parents pass, we will be having a giant garage sale, and no it won't be a crime.

2) You said, "THE HOUSE and no, read again. when they said this:". The house was never said to be the house of the mother-in-law. The only reference to ownership was that it was "our house" referring to the OP and spouse.

3) You asked, "why would they say anything about paying the taxes for their own house OUT OF THEIR OWN POCKET?" Because that is what normally happens. You are trying to read something into this situation that may, or may not be correct. You are guessing and that doesn't work well.

 

[anteater]

This all pretty silly. Don't you think, guys?

The MIL passed away 3 years ago. OP's husband and the other children apparently have been rather clueless and disinterested. And the OP is just starting to try to figure out what is what.

 

[justalayman]

curb1;3165849]1) "She (disney, the only beneficiary) ripped off the estate". How do you figure? Why is it a crime? There was no crime. Who would prosecute this? Who would file a crime report?

, how did she sign the titles of the cars without opening some sort of administration?

When my parents pass, we will be having a giant garage sale, and no it won't be a crime.

did you miss she did not open probate? By that statement, although it is a bit of me reading into things, she did not take any action to administer the estate. Taking property from the estate, in such a situation, is theft.



who would prosecute it? The local prosecutor i.e. the state

who would file a crime report? creditors of the estate, anybody aware of the crime that was injured by her actions

Does it really matter who would prosecute it or who would report it? Does that make it not a crime?

If you simply have a giant garage sale without administering the estate, you to will be committing a crime. You have to realize; until the estate is administered, it is not yours to sell.

3) You asked, "why would they say anything about paying the taxes for their own house OUT OF THEIR OWN POCKET?" Because that is what normally happens. You are trying to read something into this situation that may, or may not be correct. You are guessing and that doesn't work well.

so, why would they make mention of paying the taxes on their own house, out of their own pocket? Seriously, give me a reason it would be applicable of useful to their questions asked. Come on, some reasonable explanation of why it was included if not for my take on it.

 

[justalayman]

This all pretty silly. Don't you think, guys?

The MIL passed away 3 years ago. OP's husband and the other children apparently have been rather clueless and disinterested. And the OP is just starting to try to figure out what is what.

long time grieving maybe?


a big time procrastinator?


I don't really know why they haven't done anything but apparently the bills are stacking up on the estate and they now want to get out from under it and move on with life. They wouldn't be the first to wait years to act.

 

[anteater]

Actually, I was referring to all this back and forth between you and curb over disneykid's irrelevant post and some ambiguities in the OP's original post.

 

[curb1]

I think it is a basic question. Is it a crime not to open probate? I don't think it is, especially when there are no assets to probate. Am I incorrect?

 

[justalayman]

I think it is a basic question. Is it a crime not to open probate? I don't think it is, especially when there are no assets to probate. Am I incorrect?

No, it's not a crime to not open probate but it IS a crime to steal from the estate and probate or administration in general is how you transfer ownership from the estate to the heirs.