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  1. #11
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Deceased Mother's Checks Deposited

    well, let's see;

    apparently there is a house involved
    $11,000 outstanding assets
    and around $43k in the bank in your moms name/ whoops, sis' name, although improperly

    AND a will.


    sounds like you need to open probate. If you don't, how do you propose to transfer the title of the house to whomever it belongs to and gain access or distribute the approx. $54k in cash

    and pay the estate taxes.

    "and why does the lawyer believe there is no reason to probate the will?"
    They tell me it is not worth the expense.
    I thnk I would speak with another attorney. Sometimes it is not a matter of worth the expense as much as it is required to take care of remaining business. If you let the house go for taxes or whatever and did not claim the money from the software company, I can see not opening probate (although without knowing what is in the will, it is impossible to make a true call) but since sis is living in the house and I am sure you and/or sis wants the cash, you need to probate the estate.

    edit:

    "How is sis wrong for doing the same thing you did? You both have taken money from the account without proper accreditation (at least from what you have posted)"
    Sorry if I led you to that conclusion but no I have not received any money from this fund since mother died
    You implied you accessed the money in this statement:

    had me and my sister
    > sign a release from prosecution agreement just to get the funds
    I don't get it. If you have not or were not intending to access the funds, this would not have been neccessary.

  2. #12
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Deceased Mother's Checks Deposited

    I would get another attorney's opinion & run the entire situation by them & ask them about probating the will.

  3. #13
    Join Date
    Dec 2008
    Posts
    6

    Default Re: Deceased Mother's Checks Deposited

    Thanks so much for your assistance.
    In my ignorance, I am begining to understand the confusion. I will try to be concise. The property, that my mother's house is on, was deeded to my sisters two sons by this fellow mother married. (She had been widowed for 22 years.) These two boys are minors so my sister and brother-in-law, with children, have moved in so they are responsible for taxes, etc. After mother died, I was locked out of her home . Other than this, the will (that my sister and brother-in-law found) states that my sister and I are to share equally. This actually brings up anorther question. Does my sister owe me 'rent' for using the contents of the house? The deed does not address 'contents'.
    This is still not the whole story but as neede I will supply info.
    Thanks again!

  4. #14
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Deceased Mother's Checks Deposited

    Quote Quoting bonmolly
    View Post
    Thanks so much for your assistance.
    In my ignorance, I am begining to understand the confusion. I will try to be concise. The property, that my mother's house is on, was deeded to my sisters two sons by this fellow mother married. (She had been widowed for 22 years.) These two boys are minors so my sister and brother-in-law, with children, have moved in so they are responsible for taxes, etc. After mother died, I was locked out of her home . Other than this, the will (that my sister and brother-in-law found) states that my sister and I are to share equally. This actually brings up anorther question. Does my sister owe me 'rent' for using the contents of the house? The deed does not address 'contents'.
    This is still not the whole story but as neede I will supply info.
    Thanks again!
    No, your sister does not owe you rent for the contents. Since you, and everybody else have failed to probate the estate and present the will, you have no claim on anything in the house other than through an intestate succession situation, which, since there is a will, is not applicable. It's a catch 22.

    are you saying the house is independant of the land it sets on? If so, this really confuses things. If not, sis, as guardian of the children who happen to be the owners of the house, gets to stay with the children. You would get nothing and were rightfully locked out of the house.


    a deed does not address contents. They are not real property (real estate). A deed is for real property.

    and don't forget about the $50k floating around.



    How long do you think the bank is going to freeze sis' account without legal justification? They already had her sign letters of indemnity. Without some action, they are not going to hold the account forever.

    You need to see another attorney.

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