dozer Asked May 2011

My mother passes away and there was no will, what are my rights?

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I have been a live-in caregiver for my mother for ten years, she recently passed away and now my brother and sister are trying to take things out of the house, there was no will, what are my rights?

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EXPERT Carol Bradley Bursack May 2011
Madge is right. You could try an estate attorney for advice, in fact you may want to go that route just so you know for sure, but it's likely that your siblings have as much right as you do to an equal share of the estate. However, they should not be taking anything from the house until the estate has gone through probate.
Carol
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palmtrees1 May 2011
None, except as an heir. Without a will all things will be divided up between her heirs by the state. However, your siblings should not be taking things from the home since these items are now part of her estate. Sorry that you, after ten years of care, receive no more consideration than your siblings when it comes to dividing assets. You can talk to a lawyer but your Mom didn't make her wishes known and it is your word against theirs.
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trishrtrish May 2011
When one dies without a Will, they are said to have died "intestate." You do need to find an Estate Administration attorney to ensure that everything is handled properly, given that things don't seem to be working out on their own. If you can't find an Estate Administration attorney on-line or in your phone book, call your county or state Bar Association, and tell them that you need the name of an Estate Administration attorney in the county that your mother resided in. The two pieces of information that you've received before mine are, indeed, correct. But, I stress that you use an Estate Administration Attorney, because they handle what happens after one dies, whereas an Estate Planning attorney handles what happens before one dies. They are usually one in the same, but not all Estate Planning Attorney handle administration (post-death) matters. In the meantime, you should start making a list of what has been removed from the house since your mother died. The attorney will need to know this, as a valuation of your mother's items will eventually be taken.
I'm so sorry for your loss. It's never easy when they are also family conflicts on top of an already difficult situation.
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my sister Had to get our mother when i became ill,it had been almost ten years since she had seen her. But she started paying the little property taxes out mom's income until she passed last nov, so she and her child insist on paying them this year. I was with mom for 40 years and she was in another state visiting once a year.She thinks because she had power of attorney over her in another state that is is good for everything mom had. But to to my understanding that gave her power over affairs here in detroit not alabama,but she thinks by paying the taxes that are still in mom name give her and her children more rights than me and my childern. It's sad how people can become so greedy, my next question is,there were 4 siblings ,two passed and left us two,the one's that are deceased do their children still have rights to the property?Yes they are trying to no include my children and myself, i could have been dirty and had mom to dead it in my name but i just never thought it would result to this.
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bmwbucket1 Sep 2012
When you get an Estate Administration Attorney usually how long is the process if there is no fussing between the siblings?
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