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My aunt died intestate her son (only heir) is a convicted…

My aunt died intestate...

My aunt died intestate her son (only heir) is a convicted felon and drug addict. His wife has terminal cancer and they have two daughters aged 10 and 13. They have received foreclosure notice effective May 31, 2018 and will never be able to get caught up on taxes. I am debating where to start probate on behalf of the "grandchildren". The son also has an active warrant and won't go to court. Is this something worth pursuing and might I be able to do this? I'd like to be able to sell the home on the girls' behalf before they lose it.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

Also, we live in Washington State.

Lawyer's Assistant: What documents or supporting evidence do you have?

I'm not sure about the warrant, but he is in and out of jail and I believe when their mother dies, he will lose the children.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, there is a mother-in-law home on the property where my aunt lives and she has living rights, but I think she would agree to sell if she could receive 1/3 of the proceeds.

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Answered in 1 minute by:
3/20/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,311
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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My condolences for your loss.

Is the estate solvent?

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Customer reply replied 5 months ago
I believe so.
Customer reply replied 5 months ago
absolutely. Real estate worth approx $500,000.
Customer reply replied 5 months ago
I just want to know if it is worth pursuing on their behalf. If I read the WA statute right, my cousin can't proceed as administrator as a convicted felon. I believe I would need to give him notice, but I don't think he would appear in court since he has and would probably have an outstanding warrant.

Thank you for the additional information.

To commence probate you need to file a petition in the probate court for the county where you aunt was residing when she died.

Since your aunt died intestate her children will share the net estate. They do not need to appear to receive their shares.

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Customer reply replied 5 months ago
But can the estate bypass the one child and go to the grandchildren if the child doesn't show up to court or is shown to be a real deadbeat???

Only if the child disclaims their inheritance will it bypass them. Then it would go to their heirs.

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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,311
Experience: 30 years experience representing clients.
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