That depends on how your mother and her son held title on the deed. If they held as joint tenants with the right of survivorship then when she died her son became the sole owner of the property. If they owned as tenants in common then when your mother died her half interest in the property would pass to her heirs at law if she had no will. The attorney who is handling the estate should be able to answer your questions and to examine both the validity of the deed from your mother to herself and her son and the tenancy that was created in the deed.
There may be other assets apart from the real property that you are entitled to.
Yes
There is no mandated time frame. She has to settle the estate, including the debts and inventory of assets, as well as taxes.
My sister was appointed as Independent Administrator of my mother's estate. We are about to finalize everything in 30 days. My sister has given me a brief outline of the cost of her time in executing the estate. They are EXTREMELY high! is there any way to dispute her fees for herself? Getting into a huge argument won't be a big deal, that's already happened! Our probate attorney (which I paid half of the initial retainer for) let me know that she represents my sister and my mother's estate, not me.
If your father died intestate then his property passed to his next of kin according to the laws of intestacy in the state where he lived. If you and your sister were his only next of kin then you each would inherit a half interest in his property both real and personal. However, in order for title to real estate to pass to the heirs his estate must be probated. If you were the court appointed administrator of your father's estate you would need a license from the court to make any changes in the ownership of the real estate. If you obtained a license from the court to transfer the property to your name and your sister assented to that license then it's too late for her to change her mind. However, if the estate was not probated and you had no authority and license to transfer title then all your sister needs to do is petition the court to be appointed administrator of the estate. Any actions you took regarding the transfer of title would be null and void due to your lack of authority. When a person dies and there is real property or solely owned accounts in the estate an attorney who specializes in probate law should be consulted to initiate a probate proceeding. The average person has no background in probate law and errors made by a non-professional can be costly down the road.
The property is now part of your sister's estate.
Any family member can file a petition in the probate court to be appointed the Administrator of your father's estate. Once appointed the Administrator will have full and sole control over your father's property and the settlement of his estate. You should consult with an attorney who specializes in probate law and who can review your situation and explain both your options and the costs involved.
Yes, a half sister can share in her fathers estate if she was the blood daughter of the father.
This questions needs clarification as to whether the executor has a personal emergency or whether the estate has the emergency; whether the executor is or is not a beneficiary and whether or not we are talking about funds in the estate account or still in the decedent' personal account.
Yes.Yes.Yes.Yes.
The IRA is usually treated seperately from the total Estate if there is no Power of Attorney on the documents so it's highly unlikely that the executor would get a percentage unless the heirs agree to it. * No. In the US, the executor or administrator of an estate is only entitled to the percentage allowed by the laws of the state probate court.
Ask your attorney to sue her.
You should contact an attorney who specializes in probate immediately who can review the situation and explain your options. You may qualify under your state laws to petition to be appointed the Administrator of your sister's estate. If so, the court may grant you the power to settle the estate. You may also be an heir under your state laws of intestacy. You can check the laws of your state at the related question link provided below.