My sister has recently passed away without a will. How do we (the family) transfer or sale her real estate and vehicles? No spouse, four adult children. Her RE mortgages are high interest and valued far more than today's market. Only cash available to pay on debt would be from the sale of the vehicles. She had granted me a POA prior to her death and her children aren't interested in taking care of finalilizing her matters. What do I need to do to be in a position to take care of these matters for her? There is no cash available to retain a lawyer so would like to avoid probate. Will that be possible? Thank you so much for your assistance.
Country relating to Question: United States
State (if USA): Oklahoma
Creditors won't talk to me without a designated authority.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.I am sorry to hear of your loss. Unfortunately, you will not have the legal authority to do anything without actually filing for probate and being named the executor of the estate by the probate court. Once you have your letters of appointment, you can sell the vehicles, pay for her funeral and your fee and expenses first before having to pay any creditors. If the mortgage on her home is for more than what it is worth, usually you would simply let the bank foreclose or you can give them a deed to the property in lieu of foreclosure so you would not have any responsibility for the property. You will need to call the clerk of the probate court and make an appointment. Take her death certificate from the funeral home with you and a list of her children's names and addresses. The clerk can tell you the fee and give you all of the necessary forms.
Attorney with experience in wills, estates and trusts
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