How do I intentionally trigger Probate Court?

[CrisCo71]

I'm in a situation where I want to trigger Probate Court, purely out of spite.

While I certainly appreciate any responses wrt morals, I'm far beyond caring.

Long story short - my mother passed in 2013. Shortly after, my stepfather (who assumed PoA and rolled all inheritance into his name) and I had a major falling out and I was estranged. Stepfather removed me from all inheritance, then passed shortly after. So basically, his son and daughter (who were never part of our lives until my mother was dying and started to smell money) along with my sister got ALL of the inheritance.

So - me, being first born, got the shaft (especially considering my mother made more money). One possible 'bright' spot was that I moved my family into the deceased parents' house that was/is under loan. At first, the relationship between myself and the other siblings was decent after stepfather passed. It was agreed that I should be entitled to an inheritance and was told that my sister would have to write me a check out of what was given to her. She refused. After that I'm not quite sure what has transpired, but now the other 1 siblings (step) are refusing to speak with me as well. Again, I'm not at all sure why and my "sister" has stated quite clearly that she wants nothing to do with me. In the midst of all this, I had been trying to get the step siblings (technical heirs) to help with my securing the home loan under my name. I got as far as having 1 of the siblings sign off on a Quit Claim Deed, but that's it - no Heir of Affidavits and no second Quit Claim.

So now I'm in this house and making monthly payments, upkeep, etc. and receiving NONE of the benefits of home ownership. And I haven't seen a dime of the money my mother wanted me and my son to have.

After SEVERAL attempts at finding a resolution with the above-mentioned parties, I've got nothing but second-class citizen treatment. I have to say it's impossible at this point for either heir to proactively assist in this matter and I'm considering going to court.

At the very least, I have nothing to lose and would like to return the sentiment. Seeing as there were MANY possessions (some very high-ticket, like an RV) that were taken and MANY bills still coming in, I think it's safe to assume some creditors would like a chance to get paid for those items and I can smile a little knowing that right is right. Petty? Yeah, so what...

SO - does anyone have advice on how to trigger Probate? Or if anyone has a magic bullet, please share!

 

[justalayman]

First, a POA terminates at death. Second, a poa does not allow the agent to simply take the principals assets.

To "trigger" probate; you go to the court that handles probate matters in the county of
The decedents residence and file the necessary paperwork

That's it.

 

[Zigner]

Here is your prior thread: https://forum.freeadvice.com/other-real-estate-law-questions-11/concerning-affidavit-heirship-628327.html

With that said, if the step-siblings were the heirs and you were not, then you really have no way to "force" anything.

I don't believe for a minute that you have no idea why you are being treated this way.

 

[adjusterjack]

Before you go running off to probate court, let's address whether you have even a prayer of success.

Long story short - my mother passed in 2013. Shortly after, my stepfather (who assumed PoA and rolled all inheritance into his name) and I had a major falling out and I was estranged. Stepfather removed me from all inheritance, then passed shortly after. So basically, his son and daughter (who were never part of our lives until my mother was dying and started to smell money) along with my sister got ALL of the inheritance.

Let's start with that.

If your mother and step-father owned the home jointly with right of survivorship then your step-father automatically became owner of the home upon your mother's death. The home would not be probatable under thise circumstances. I suggest you get a copy of the deed that existed at the time of your mother's death to confirm that. You might be able to view it online at your County Recorder's website or you might need a trip to that agency's office.

If the property passed to your step-father by right of survivorship then anything in the house is presumed to be owned by him unless you have some proof (documentary evidence, not just sayso) that specific items were owned by your mother as her sole and separate property.

Joint bank and/or investment accounts automatically go to the surviving spouse and don't get probated. Accounts listing your step-father or anybody else as beneficiaries also go directly to the beneficiaries and don't get probated.

Joinly owned vehicles (both names on the title) also went to your step-father upon your mother's death.

So, conceivably, he would not have to "remove" you from all inheritance or "roll" inheritance in to his name. Your mother did it for him by not making arrangements to provide you with specific bequests.

So - me, being first born, got the shaft (especially considering my mother made more money). One possible 'bright' spot was that I moved my family into the deceased parents' house that was/is under loan. At first, the relationship between myself and the other siblings was decent after stepfather passed. It was agreed that I should be entitled to an inheritance and was told that my sister would have to write me a check out of what was given to her. She refused. After that I'm not quite sure what has transpired, but now the other 1 siblings (step) are refusing to speak with me as well. Again, I'm not at all sure why and my "sister" has stated quite clearly that she wants nothing to do with me. In the midst of all this, I had been trying to get the step siblings (technical heirs) to help with my securing the home loan under my name. I got as far as having 1 of the siblings sign off on a Quit Claim Deed, but that's it - no Heir of Affidavits and no second Quit Claim.

So now I'm in this house and making monthly payments, upkeep, etc. and receiving NONE of the benefits of home ownership.

Assuming that my speculation about the home ownership is correct, you are paying "rent." Anything you pay, no matter to whom or what you pay it, is the equivalent of "rent" since you don't own the house.

If you want to own the house in your name you will have to buy it from whoever owns it now. And likely get your own mortgage.

And I haven't seen a dime of the money my mother wanted me and my son to have.

Sorry, but if your mother wanted you and your son to have anything, she should have made appropriate arrangements before she died. In the eyes of the law, what she might have "said" is irrelevant.

SO - does anyone have advice on how to trigger Probate?

Your probate court's website should tell you all you need to know.

Or if anyone has a magic bullet, please share!

Nope, no magic bullet.

And if my speculations are correct about ownership, you'll end up with nothing but a big bill for legal services if you want to open probate just for spite.

 

[adjusterjack]

Here is your prior thread: https://forum.freeadvice.com/other-real-estate-law-questions-11/concerning-affidavit-heirship-628327.html

With that said, if the step-siblings were the heirs and you were not, then you really have no way to "force" anything.

Once again I neglected to notice the posting history. In that post the OP failed to mention that the deceased family member was his mother (who left no will) and his stepfather got everything and then his children apparently inherited everything from their father.

 

[Zigner]

Once again I neglected to notice the posting history. In that post the OP failed to mention that the deceased family member was his mother (who left no will) and his stepfather got everything and then his children apparently inherited everything from their father.

I suspect that the house was transferred as a joint-tenant with right of survivorship scenario. At that point, the house belongs to step-dad (no will needed.)

ETA: I see that you also spoke about that.