Estate Law Questions? Ask an Estate Lawyer.
I am executor to my mom's half of my parents owned. Since i took care of her as her full time nurse for four years she left me 100% of her half of the house AND contents. It went through probate fine. Two months later my dad unexpectedly died in sicily. It took forever to get the will and even though my brother is executer he did not do any of the leg work to get the death certificate. I have been doing everything. I am the youngest. It is very taxing and maintaining this big house and my own. I am also disabled and my mother wanted to help me get my life back together because i put my life on hold (gladly) and would do it again if needed. I don't think my sister can not do anything except accepting the 16.67% of what I sell the house for. The house will bring between 200 - 250k and is free and clear. My lawyer is slow and not aggressive. HELP! My father left his 50% of the house split equally for us children. My lawyer sent paperwork to my brother (executer) and sister to make me the power of attorney. My brother signed the paperwork but my sister will not unless she gets all the furniture in the house. No assets were left to my sister. All that was given to her was 33.33% of my dads half. My question is can she extort me from selling the house? She wont sign the laywers paperwork unless she gets the furniture. I need to have an estate sale to help put a new oven, $1,500.00 and new roof, $6,000.00. I cannot put the house on the market without these things repaired and I will put it on my credit card if i know she cannot get in my way legally. Nothing on my Mom's will gives anything to her and all the assets in the house were willed to me.
So, because she is not an executer and only willed 33,33% of my fathers side she cannot stop the sale or go to the courthouse and stop it there? Does she need to sign anything when the offer/sale of the home when the lawyer distributes the money? Also, can I list all of the expenses so a portion of those expenses are paid by my brother and sister? Are your answers pertinent to the laws of Virginia, USA or "general" information. How long have you been an estate lawyer? Thank you.
I put my will and death certificate from my mother into probate not long after she passed but the lawyer and probate court said i did not have to put my fathers through since it was simple and straightforward. Is this true or will there be a snag since it was not put in probate? there are no liens or bills outstanding from either parent. So you think it is safe to say for me to speed things up is to use my own money (charge card) to get the house ready and get a sign put out in the yard? it will be about 2 more months before my moms will and death certificate will be in probate for a year.
Thank you so much, but i keep getting more possible problems.
So basically, i need my sister to sign the power of attorney which she wont do by extorting me for the furniture?
Do I need to put my fathers into probate and wait another year which the court and lawyer said i did not have to.
I am so run down from this can someone steer me in the right direction so i can begin to start my life over? Obviously, i am desporate by hirining a lawer on the internet.
can you give me a list of things to do, one at a time so i can sell this house?
Please, I am desperate and angry (not at you).
I'm back to square one, in the abyss. thanks.
Can I ask a few more questions tomorrow and how i do it? thanks
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