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lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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I am the personal representative of my mother estate. I was

Customer Question

I am the personal representative of my mother estate. I was all so her total home care giver for her last 2 years. So I could not hold down a job. She died at home with me.
I was total dependent on her for monies to pay bills in her home and now I have no money to live on. How do I handle this with the estate?
Submitted: 7 years ago.
Category: Legal
Expert:  lwpat replied 7 years ago.
Are there any other heirs? What is the extent of her estate?
Customer: replied 7 years ago.
Yes my brother. How ever she stated that he was to get guns, jewerly and other items.
And that was all she wanted him to have. It was a very small estate only $34,000 in cash and the rest was some jewerly and personal items.
Expert:  lwpat replied 7 years ago.
I assume that there is no will and no real estate. You can use the small estate affidavit if the estate is less than 25,000.

If there are debts to be paid you may be able to do that and get below the limit. You can our brother can split the estate, I would get him to sign a release.
Customer: replied 7 years ago.
Yes there was a will and real estate. In the will she wanted me to keep the equity from the house and pay all debt and keep the rest. She gave my brother guns and jewerly.
I have been taking care of her for the last 5 years and gave up my home to live with her and take care of her. She was in a wheel chair. I am asking if there is a something like a family allowance so I can live till the probate is done. I hope this make more sense.
Expert:  lwpat replied 7 years ago.
No there really is not. You can file to be the personal representative and then ask the judge if you can take an early distribution due to hardship but you would need to show that her debts have been paid.