Q: It has been one year since my family member died with no monies in her bank accounts and her estate was probated.
She owned two pieces of property, which were in her name alone, one of which has a house with a mortgage loan that she still shared with her ex-husband. He is also the executor of the will and sole beneficiary. I paid for her funeral expenses and have filed a claim with the probate court for the money. The properties haven't been sold and they were her only assets. I am unsure if I should inquire about the estate and the money I am owed or just wait for the property to sell? What are his obligations to me as a creditor to the estate at this point?
A: Apparently the spouse made a huge mistake filing Probate if only two parcels are the only assets. But since you filed, you should read the file and see if any assets are listed in the Inventory. If no Inventory, file a Motion to Remove the Administrator and possibly apply to administer yourself. It may be an Insolvent Estate which needs to sell the parcels to pay creditors. Hire a competent attorney.
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