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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33753
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I am the heir of my biological brother who past away in May

Customer Question

Hi. I am the heir of my biological brother who past away in May of 2014 with no will. I did not live with this brother growing up as I was removed from my home when I was 18 months old by child protective services. I kept in touch with my biological mom and my brother that passed but we were not close. There are 2 living siblings me and my brother. He is acting as personal rep for the estate. The only asset in the estate is a home. Current value of 181K. The only debt left is a 50k second mortgage against the home. My living brother has asked me to sign a letter that I don't want anything from the estate. I said NO. He is telling me that his attorney told him he could stay in the house and continue to pay the note for the 2nd mortgage still in the deceased's name as it is his primary residence. His name is ***** ***** the deed, or the loan. My question is how long will it take to go through probate. I have copies of all of the papers and they have notified his debtors several times and completed a final accounting. What will happen if we do nothing? Will the court require the loan be paid off? Do we have to pay it as his heirs? Can the living brother just stay in the home forever? He does not seem interested in buying me out. I would like to give a little to the neices and nephews. The living brother has major credit issues and other mony issues. please let me know.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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My question is how long will it take to go through probate.

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Once a probate has has been filed and opened, there is a 6 month "creditor claims" period that must pass before the Administrator can proceed with any disposition and distribution of the estate assets. But brother is wrong that he can simply live there and use the house indefinitely while paying the mortgage. The house would be half yours and if brother doesn't pursue settling the estate in a timely manner because he is intentionally dragging his heels, you can file a "motion to compel" to force him to appear in front of the judge and explain his actions in intentionally breaching his legal obligations.

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Both of you can assume ownership of the house as co-owners and keep paying the loan under federal law or you could ask the judge to order a probate sale of it at absolute auction to the highest bidder.

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So he is simply lying to you if he is telling you he can stay there indefinitely and it is likely because if he has talked to an attorney, they have told him what I am telling you with regard to you forcing a sale of the house and forcing him out.

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thanks

Barrister