Has anyone delt w/ probating a will?
I know this is totally off the subject of our WLS journey but it's something I'm going through right now and it's making me a nervous wreck. Here's the senario:
My mother, sister and I all lived together here in Calabash, NC. The house is in our three names. There are no outstanding bills. The house is paid for, thank GOD. Mom thought she was doing the right thing w/ how she wrote her will but now it's a mess. Mom's will states she leaves Margaret and I as her executresses/trustees and the other sister $1.00. Esentially she doesn't leave us anything.
There is another sister whom we haven't seen or heard from in over 15yrs. Our lawyer and I both sent certified letters to her last known address, one of which was returned unopened to each of us, the other was signed for, but not by my sister. She has two seperate addresses in Ca.
Now, i'm not a stupid person, I'm a nurse, dealing w/ complex problems on a daily basis,but I am so confused. When I ask the lawyer anything I just get more confused. He first tells us that the other sister, Patti is entitled to 1/9th of mom's estate, then on a second visit he tells us she's entitled to 1/3rd. To make matters worse, he says, "worse case scenario, the state could make you sell the house."
I called the Clerk of Courts last week and she recommended we get a declaratory judgement, what the ______ is that? She got so irate when I mentioned about selling the house she didn't explain this. On a good note she did say that unless there were outstanding taxes owed no one could force us to sell the house.
Does anyone know if I'll owe estate taxes? Will I have to send Patti her share of mom's estate in a check? and where? since we're not reallly sure where she is.
Sorry this is so long and confusing and has nothing to do about our surgery and weight loss journey but I'm so confused and nervous, that all i do on my days off are sit and cry.
Thanks for all your help and lending an ear/eye.
Donna, sfy :-D
Go to your county probate clerk and get them to talk you through everything. Place an add in the town paper of the last known city your sister lived in advising her to get in touch with the probate court or with you. If in 30 days she has not responded she is out of the loop--check with attorney about this to make sure but this is what we had to do when my uncle died childless and left his estate to the grandnieces and grandnephews that we could not find.