Q: Do I have to probate if the will left everything to me and it is only worth about $40,000 and $24,000 is still on it.
My mom passed in 2014, I was told I have to probate to get her rental house in my name. I was told it would cost $2400. Due to medical issues with myself and my husband I have not been able to come up with the money. I have been renting it to family to make the payments and insurance over the last 4 years. I had a full power of attorney before she died and a Will that left everything to me. This house was all that was left. We would gladly sell the house but can't come up with the money to probate. Is there any way around it? Can we sell the house and then probate? Thanks
A:
Sorry for your loss.
Unfortunately, you will probably be unable to pass title to the property and therefore unable to sell it until the court put the property in your own name. $2400 for an attorney's fee sounds like a bargain. Be sure to have an understanding of your mother's unpaid bills, etc.
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