My mother's house is still in her name as the estate of... There never was a probate or letters of administration. there was no will. The water revenue is trying to take me (the daughter) to court to collect on water/sewer rents and will more than likely try to take me to court for the past water bills. I have not lived in this house for 25 years, my brother lived there but is not mentally capable of taking care of business. Can I and my brother sign a Renunciation to forfeit our rights.
Optional Information: Country relating to Question: United States State (if USA): Pennsylvania Already Tried: Went to hearing and they told me that I had to get the Letters of Administration. My mother has been deceased for 20 years, this year.
Who told you that you had to get letters of administration - the court?The water/sewer filed suit against you and your brother as "heirs" of her estate - correct?
Yes, and yes, the court said I could not speak for her estate unless I acquired the Letters of Administration first. It's been continued twice now.
Did you inform them that you don't want to open an estate nor be the administrator of her estate?
No, I took as fact what they were telling me, but I don't feel that I have to do that. They didn't ask me any questions just told me what I had to do.
You do not have to probate her estate - they can file suit against her and be appointed the administrators of her estate if they so desire.They can also file suit and get a judgment and foreclose upon the property.But they cannot force you to initiate probate of her estate.I would inform them that neither you nor your borther will file for probate but would renounciate any interest in the estate.They can do what they want but you nor your brother have any personal liability for her debt obligations.
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law