QUESTION
Does probate apply to this situation and who is responsible?
Asked on Dec 27th, 2012 on Estate Planning - Georgia
More details to this question:
A relative recently passed away. He has two sons. He was a caretaker for my aunt and paid rent until the last four months and lived on her property. She has always taken care of him, as he was an alcoholic. He left no will. We know he owes the Social Security money as well as utilities etc. The two sons and ex-wife (mother of the two sons) have gone in and wiped out the whole place, taking everything. The mobile home belongs to the mother of the deceased (my aunt) and they have locked her out as well.
14 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, it is and estate or probate matter.
Answered on Jul 07th, 2013 at 10:09 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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I do not see where probate is necessary, as there do not seem to be any assets to distribute and no large liabilities to take care of. That, however, is based strictly on what you write there could be other assets or liabilities that change this analysis. The mother may well have claims against the relatives who locked her out of the mobile home. Those, however, would not be part of a probate and should be pursued direction by the mother.
Answered on Jan 07th, 2013 at 1:39 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The aunt needs to hire an attorney. The home is not a part of the estate, because she owns it. She needs someone to assert her rights. If she had personal property in the home, she can petition for it to be returned. It is not an easy case and it may not be worth pursuing depending on how much the property is worth.
Answered on Jan 04th, 2013 at 9:35 PM
The Aunt should file a criminal complaint.
Answered on Jan 04th, 2013 at 9:19 PM
Your aunt may be responsible for the unpaid utilities unless there is some written agreement that the relative cover that cost. This is a contractual issue rather than probate. Your aunt will not be responsible for any unpaid debts of the deceased. She may have a claim against the ex-wife and sons if they took property from the mobile home that was a permanent part of the structure or that she personally owned. If she has title to the mobile home and the ex-wife and sons don't turn it back over to her, she should call the sheriff to have them removed.
Answered on Jan 04th, 2013 at 9:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know about probate, but if she owns the mobile home, she can have them removed for trespass. If your aunt did not have personal property in the trailer, then it probably belongs to the sons. If they took her personal property, she could sue them for conversion.
Answered on Jan 04th, 2013 at 9:04 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Who is responsible? For what? If he owed Aunt money and she wants to sue the people who took his belongings for the smaller of fair market value of what they took or the amount owed, she can do that, but it will be time-consuming and expensive.
Answered on Jan 04th, 2013 at 8:49 PM
Thomas Edward Gates
Probate does apply for your situation and, would be the proper means to establish ownership. In Washington, you may probate an estate without a will by statute, which defines the requirements of assets distribution. In your case, the ex-wife gets nothing. Since your relative was not married at the time, the children inherit his estate and the beneficiaries get equal shares. Here, there is a matter of the creditors (SS, utilities, etc) and they would need to be satisfied before the remaining estate can be distributed. In addition, since he did not own real property, it is highly likely that his estate can be "probated" by affidavit. You still are required to put a notice of non-probate in the newspaper for three consecutive weeks.
Answered on Jan 04th, 2013 at 8:32 PM
In the absence of a will, his sons inherit everything he owned. The mobile home, of course, remains owned by your aunt. They cannot lock her out. If he owed money, those creditors may have to open an estate to get paid.
Answered on Jan 04th, 2013 at 8:31 PM
With no Will, the property passes intestate to his heirs. The heirs who inherit depends on if he was married or single when he died and if there were children form a prior marriage.
Answered on Jan 04th, 2013 at 8:30 PM
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Your question is confusing, but your aunt should call the police and make a report.
Answered on Jan 04th, 2013 at 8:30 PM
Sounds like the relative has no estate to probate. If your aunt has documents to show that she is the owner, she should be able to get it back.
Answered on Jan 04th, 2013 at 8:29 PM
Elder Law Attorney serving Savannah, GA
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Elder Law Office of Mark Schaefer PC
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Probate does not apply to the mobile home. If your aunt owns it, she cannot be locked out. She needs to call the police/sheriff to resolve that issue. The property of the deceased is subject to probate, but if none of it is titled, probate is often ignored. His two sons would be his heirs.
Answered on Jan 04th, 2013 at 12:21 PM
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Probate probably won't apply but your aunt needs to go to court and get back into her house. If there is a probate the sons would initiate it and you would put in a creditor's claim with the estate for the rent and utilities.
Answered on Jan 04th, 2013 at 12:21 PM