Last resort, Duke it out!

[Hoodood]

NY. My mother passed on and left no will. My older sister and I filed papers with the courts and were designated co- administrators. As soon as my mother had passed my older and younger sisters ransacked my mothers house. My younger sister has my mothers valuables and personal property stored in her house. I have asked that she make a list and account for all property. She now refuses to do anything and says that it is all behind us now and there wasn't anything of value that my mother left. There are items that I know exist and cannot account for. Even my older sister, my co-administator, won't return any calls. They have even gone so far as to hire a lawyer, just so happens to be my older sisters boyfriend, and a real estate agent to sell the house. Can I block the sale? What do I have to do to have my mothers proprty accounted for and one last thing. My mother had remortgaged her house in 1995. There is $15,000 remaining on the mortgage. The thing here is that I think the loan was for my sister. When my sister got divorced she had to buy her husband out for his half of the house. Now my sister had no money and her divorce was within the same time as the remortgage and I don't see any cancelled checks of my mothers for the loan. This looks loke a 2+2=4 situation. Is there anyway I can find out if my instincts are correct? Oh, I almost forgot my mothers car. My younger sister confiscated it and told me she was going to store it and give it to my younger brother. Funny thing is my younger brother has a brand new pick-up. Why would he want a car that's 10 years old, I asked myself. So about a month ago I drove past my sisters and the car was there. Last week it was gone. I have the original title. Is it legal to sell the car witout my approval and signature? Thanks to all that can help! Hoodood.

 

[advisor10]

4-16-2002

DEAR HOODOOD:

Isn't it a shame when greedy people make things more difficult?

Do you all have the advice of a probate attorney to guide you through the process of probating this estate? If you don't already have one, then you need to consider hiring one, even if it's only on an hourly basis.

Your attorney can file a petition with the court to ask the judge to order the younger sister to account for the property she took and to return the car, since that was estate property that only the administrators have the authority to distribute.

You should not necessarily want to block the sale, since all of the heirs stand to benefit by sharing in the money from the sale. You should notify the older sisters boyfriend that all of the heirs expect to receive their fair share from the sale (and make sure all of the heirs names get added to the title/deed during the probate process). You also need to make sure that you have a real estate attorney to review the sale before it takes place so you will know your interests will be protected--it might be possible for the sale to be done, but it's a little bit complicated with the remortgage involved too. Maybe it can take place if the house is sold for enough money to take care of the remortgage also.

As administrators, you all should have received letters testamentary from the court that authorize you to start claming any and all assets. Did you receive such papers?

SINCERELY,

advisor