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Reciept of Monies from property sale without a will

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jimmy1

Junior Member
What is the name of your state? Wisconsin

My fiance' and her sister have just sold thier recently deceased fathers home.
There was NO will, he passed suddenly. They do have an lawyer helping them however the only assets thier father had was the house. The question is, after the sale of the house, and all other obligations(bills, taxes, and other debts) are paid, can the remainder of the money be split immediatly? There are no other obligations except for the mortage and cc bills. Thier lawyer told them it would be 90 days. This seems HIGHLY unlikely concedering that thier father only had ONE asset and no other bills. The estate is extremely small and niether my fiance' or her sister are arguing over any thing. It is just a simple matter of her sister(she is the personal rep.)paying the bills and splitting the remainder.

If there is anyone with information on this matter, PLEASE RESPOND QUICKLY!! The remainder of the house sale is not alot but it is needed!
Thank you
 


Dandy Don

Senior Member
Exactly what do you mean by the 90 days? That it will take 90 days for the estate to be probated? That is not uncommon if you live in an area where there are many deaths/cases to be probated.

If you are desperate for cash, get a loan from a bank or credit union. What do you want the money for and how will it be used?
 

jimmy1

Junior Member
Thank you for responding!

Yes, i am aware that it is common for probate to take that long, however in this case none of the criteria needed for a lengthy probate process exist. The reason that the money coming from the estate is needed is that the house that was sold, is the one that my family currently lives in. When the closing occurs, we will need the money for relocation, and all expenses there in. Its not like my fiance' and I are greedy, just the opposite. We simply lack the funds to "pull up stakes" at this time. Today, we downloaded a "personal representatives" handbook from the State of Wisconsin Bar Assoc. In this handbook it details all of the actions, that her sister, needs to perform. According to what we read, her sister(p.r.) is to pay all app. Federal and State tax, creditors, debts, fees, etc. After which she is to split what is left and give my fiance' her portion. When the attorney was asked how long this would take he replied "oh...about 90 days". It just seemed a little excessive. Thier father lead a simple life. He had some cc bills and i belive some back taxes owed to his property. Some of these have all ready been taken care of. Also, unless I am mistaken, the home was not even supposed to be placed on the market until probate was ethier started or closed, and it has been sold already, the place closes on the 23 of this month. I just belive that what is going on is nothing but an example of procrastination. Plain and simple. I sound bitter but I am not, I just think that my fiance' has waited long enough, and to begin with, no one EVER told her that it would take nearly as long as it has. I belive that this process, whatever is intailed should be expedient in its nature and the monies due should be dispursed quickly.
Thank you again, I hope that i have explained the situation clearly to you.
Jim
 

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