Q: How long does a person have to put property through probate?
My mother (deceased, 2008)and her sister (2years w/dementia) own property; my Aunt w/dementia was the executor of the original will, but never put the Will through probate (over 17 years ago). Does my Aunt's power of attorney transfer to her now power of attorney because she has dementia? If it does, can he sale the property? I have taken care of the property 17 years, do I have any recourse? My mother left her interest in the property to me, her daughter/only child. I have paid the taxes, kept up the property, and have taken care of minor/major repairs. Most importantly, the deed is still in my great aunt's name who is the original owner. What can I do to keep the home?
A:
As of now, the great aunt owns the property.
If she had a will and the executor does not probate the will, any heir can ask to probate it.
Once the estate is opened, it will go according to the will.
If it went to mother and aunt, each will receive one-half.
The mother's estate will have to be probated to give her share to those in her will or her children.
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