Sister won’t file

[adjusterjack]

I don’t know why she hasn’t filled with the probate court. I can only assume that it is so she won’t have to pay tax on the money she took out of his account and to prevent any debtors from being awarded what’s owed to them by the court.

She may think that but it might not be reality. Inheritance money is not taxable. If it wasn't inheritance and your one sister took out the money and gave it to the other sister, it's a gift and not taxable. With both an inheritance and a gift there wouldn't be any tax unless one or the other was over something like $12,000,000. As for creditors, if your younger sister was joint owner on the account, it's her money and would bypass probate and couldn't be touched by creditors. I'm making a lot of assumptions but it might just turn out that your sister was just lazy or thought she was pulling a fast one on you when she really wasn't.

 

[Dandy Don]

If there are no assets of value to the estate, there is no need to file for probate and maybe that is the reason she didn't file it. Perhaps she was thinking that there wasn't anything of value left that could be distributed to herself or to any other beneficiaries.

 

[GElite]

My sister is the behavioral coordinator for a public school system and she has a masters degree, it’s not that she’s lazy, she has a reason. She is bipolar and she has some serious emotional issues but overall she’s pretty responsible. I’ve reiterated many times how important it is that she do this and that I’m completely screwed if I dont get a judgement on the property I’m paying for. There is certainly a reason why she won’t do it. Her reason may be based on an incorrect assumption but she certainly has a reason for not doing it, I just don’t know what it is. I can also assure you that my younger sister has no saving that equal $36,000. My sister has denied that there was money in my fathers account but she also can’t account for the money from the refi on the rental property. According to her it just disappeared. Perhaps she just doesn’t want me to know exactly what money there was but I don’t see why, I have no claim to it.

 

[GElite]

If there are no assets of value to the estate, there is no need to file for probate and maybe that is the reason she didn't file it. Perhaps she was thinking that there wasn't anything of value left that could be distributed to herself or to any other beneficiaries.

Ok, so then how do I get this property into my name?

 

[adjusterjack]

This is simple. For you to get title to the property in your name, THE ESTATE (through its executor or representative) executes a deed and records it.

If your sister won't cooperate, YOU have to open probate and have this done on your own behalf. If you don't have, or can't get, the ORIGINAL will, then YOU have to open probate under intestacy and see it through.

The trouble with intestacy (if there is no surviving spouse) is that siblings share equally which means that you and your sisters end up being joint owners of the property.

Quit kvetching about your sister and get yourself a probate lawyer or nothing changes.

 

[bcr229]

This is simple. For you to get title to the property in your name, THE ESTATE (through its executor or representative) executes a deed and records it.

If your sister won't cooperate, YOU have to open probate and have this done on your own behalf. If you don't have, or can't get, the ORIGINAL will, then YOU have to open probate under intestacy and see it through.

The trouble with intestacy (if there is no surviving spouse) is that siblings share equally which means that you and your sisters end up being joint owners of the property.

Wouldn't the OP and her sister each be due half the equity as of the date of her father's death, assuming no other estate expenses need to be paid? And could the mortgage payments and any costs for maintenance/repairs made by the OP be considered a claim against the estate, or would they be considered rent since the OP was living in the house?

Quit kvetching about your sister and get yourself a probate lawyer or nothing changes.

This.

 

[adjusterjack]

Wouldn't the OP and her sister each be due half the equity as of the date of her father's death, assuming no other estate expenses need to be paid?

There are three sisters and it wouldn't be the "equity" that transfers, it would be the property. The estate transfers the property by deed to the three joint heirs who would share the ownership and the mortgage obligation. As to who actually pays and who lives in the house is between the three of them.

And could the mortgage payments and any costs for maintenance/repairs made by the OP be considered a claim against the estate, or would they be considered rent since the OP was living in the house?

Yes, to both questions. Again, once the ownership is transferred, the three owners work it out or they end up making lawyers very happy.

 

[GElite]

This is simple. For you to get title to the property in your name, THE ESTATE (through its executor or representative) executes a deed and records it.

If your sister won't cooperate, YOU have to open probate and have this done on your own behalf. If you don't have, or can't get, the ORIGINAL will, then YOU have to open probate under intestacy and see it through.

The trouble with intestacy (if there is no surviving spouse) is that siblings share equally which means that you and your sisters end up being joint owners of the property.

Quit kvetching about your sister and get yourself a probate lawyer or nothing changes.

My sister will sign anything regarding the property, she could care less about it but what she won’t do is fill the will with probate or whatever it is that she is supposed to do regarding that. She’s told me that she will sign whatever I need her to sign.

 

[adjusterjack]

Will she give you the will so you can do the probate of the house?

 

[GElite]

I seriously doubt it but I can ask. I know what attorny wrote the will if that helps.

 

[adjusterjack]

I seriously doubt it but I can ask. I know what attorny wrote the will if that helps.

Call tomorrow and see if he has a copy to send you. With a copy in hand you may have some talking points for a conversation with your sister.

If you can't get the will, your sister can sign away her inheritance but your younger sister might not be mentally competent to sign away her inheritance and she'll need a court appointed Gardian ad Litem to make that decision for her, and it can't be you or your other sister.

I don't know how much money you have to throw at this but your sister who has the will can cost you tens of thousands to litigate against her before you get title to the house. If you can't probate the house properly the alternative may have to be a "quiet title" lawsuit against both your sisters where you have to prove that you are entitled to own the property.

Does your sister understand what kind of expensive can of worms she is opening, potentially for herself as well as you?

 

[GElite]

Call tomorrow and see if he has a copy to send you. With a copy in hand you may have some talking points for a conversation with your sister.

If you can't get the will, your sister can sign away her inheritance but your younger sister might not be mentally competent to sign away her inheritance and she'll need a court appointed Gardian ad Litem to make that decision for her, and it can't be you or your other sister.

I don't know how much money you have to throw at this but your sister who has the will can cost you tens of thousands to litigate against her before you get title to the house. If you can't probate the house properly the alternative may have to be a "quiet title" lawsuit against both your sisters where you have to prove that you are entitled to own the property.

Does your sister understand what kind of expensive can of worms she is opening, potentially for herself as well as you?

I basically have no money to throw at this and my sister could care less.

 

[adjusterjack]

Sorry, I have no other suggestions, other than you talk to a probate attorney and see if he has any ideas.