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first off, my mother died in Massachusetts, but her car was titled in Virginia and I am living in Indiana. Also, I am a minor living with my father ( they were divorced)
She only has a ring (which is in virginia with a jeweler and he won't give it to us without papers from probate court) and a car and my research shows that in order for her estate to qualify for small estate, it must be equal or less to $15,000. I also believe that the car is excluded from the $15,000 amount.
We tried talking to a lawyer and he started to help until we told him we will just be filing in small estates ( he has not called us back since then ).
I have no clue of what to do because I am a minor and my father hasn't gotten the ball rolling on everything because he is afraid that she has a debt with the irs of $17,000 for not paying taxes for 3 years and he doesn't want to be responsible for that debt if that even is her true debt ( I don't believe so though.
I just hate seeing this car (2004 suv) sitting in my driveway, while I'm driving a piece of crap.
can I do anything or am I just SOL unless my father takes further action?
Any help or any suggestions that a minor can do? thank you
Contact the "Probate Court" in the county in which she lived. It may be called by another name but a call to the county clerk's office should start you out. If your mom and dad are divorce it's on YOU to do it, AFAIK your dad is out of the picture (just guessing here as all states have different rules".
Some states probate is as easy as pie, in others it's a bit more difficult, but the process boils down to the same thing; accounting for all ASSETS and LIABILITIES. If the car and everything else is worth MORE than the outstanding bills, IRS included, then you will get what's left. If the assets are worth less than you won't get anything, but you also won't be on the hook for her bills.
I've done (family members) or helped with probate (friend's family) in TX and CA, neither was very difficult.
If she had a will it needs to be probated ;if the esate needs to be probated without a will that may be complicated. if she has debt the executor must satisfy that debt from the estate.If you need a list of all assets to get started as Golfgod says.Then find out what ads need to be palced to creditors if their are any.Most probate courts can inform you what has to be done and how.
Is the car paid off..? Do you have the title..? If it's paid off and you have access to the title, sign her name, put it in your name and enjoy it. If a finance company owns it, let it go bqack. Unless the ring has great value, forget it.
If she has a trust, which she probably didn't since she owned nothing, it is very simple. If you get involved in a probate, expect it to take 12 to 18 months and cost legal fees.
You are not responsible for her debts. The above posters are correct, her debts must be satisified before you get anything. it sounds like her estate is negative, so it will be a wash...
first off, my mother died in Massachusetts, but her car was titled in Virginia and I am living in Indiana. Also, I am a minor living with my father ( they were divorced)
She only has a ring (which is in virginia with a jeweler and he won't give it to us without papers from probate court) and a car and my research shows that in order for her estate to qualify for small estate, it must be equal or less to $15,000. I also believe that the car is excluded from the $15,000 amount.
We tried talking to a lawyer and he started to help until we told him we will just be filing in small estates ( he has not called us back since then ).
I have no clue of what to do because I am a minor and my father hasn't gotten the ball rolling on everything because he is afraid that she has a debt with the irs of $17,000 for not paying taxes for 3 years and he doesn't want to be responsible for that debt if that even is her true debt ( I don't believe so though.
I just hate seeing this car (2004 suv) sitting in my driveway, while I'm driving a piece of crap.
can I do anything or am I just SOL unless my father takes further action?
Any help or any suggestions that a minor can do? thank you
So very sorry for your loss!!
Did your Mom have a will? If not, she died intestate and Massachusetts law determines what happens. Theoretically, except with a trust, probate has to happen in every State where property is owned i.e. the car...
Each State has minimum limits - I'm not familiar with Mass regulations.
You say you're a minor living with your Dad - is he your legal guardian? If he is, he's still in the picture.
As was mentioned in previous replies, debts (especially IRS!!!) have to be repaid before any $$ is distributed. You should NOT be liable for any of her debts but may end up with nothing anyway
You can call the local court house and ask about pro bono representation ("free"). Most courts have a rotation among attorneys, and at least you should be able to get further legal advice.
You may also want to go online to www.nolo.com - it's a great website will all kinds of legal info.
I wish you all the best!
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