Q: My mother passed on 6/28/11. The children paid a lawyer to file probate, but I was told it hasn't been filed.
This info came from the courthouse-last fall. What do we do? We are all over the country. I am in Goose Creek, SC. My sister,executor, is in Kempner, TX. My other sister ,oldest, is in Latham,NY. Our brother is in Sharon, PA and is on the autism spectrum, I feel sure. This is beyond his capabilities to handle. There is property to sell OR forfeit for taxes. My brother says someone at church wants to buy it. Last fall, I thought I would let it go because it is in a serious state of disrepair and we figured the realtor costs and the taxes- very high in PA- made it beyond what I could afford. Out of four children, only two, have paid taxes since her death one of them being me. I am supposed to get paid back?
A:
First things first, if you do nothing you are GOING to lose the property, so it does make sense to investigate this before it is too late.
More to the point, you have answer some questions (was there a will, who can act as the personal representative and most importantly, was your mom's property is worth more than her debts) to know where to go with things. If there aren't net assets, or they are very small, then it may not make sense to try to probate the estate.
You should consult with a local attorney (and if you paid a lawyer to do the job and it wasn't done you should seek advice about getting your money back at the same time you do this!) to determine what needs to be done at this point.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
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