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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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My brother died in delaware yesterday. we have been

Customer Question

my brother died in delaware yesterday. we have been estranged. I live in california. he owns a townhouse, but i assume there isn't much equity and may be credit card debt. if I do nothing what happens? i assume he doesn't have a will. can I just stay out of it and let the bank foreclose and let probate do what it does...I don't know what to do.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My condolences to you on your loss. As far as doing nothing, if nothing is done the state may auction off the property, take the property for themselves, and spend the proceeds to cover debts or outstanding tax liens if any. And yes, you can most definitely simply stay out of it as you have no legal duty or obligation to get involved. You have no duty to pursue probate or act as his estate's administrator, and therefore you have no obligation or duty to care as to what may happen to his assets and debts.


Dimitry, Esq.

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