In my State u can not file a Will till about 10 dayscafter death. If Mom had Dementia at the time she was coerced to hand everything over to sister, those transactions could be null and void.
First thing is Will needs to be filed. Then the Executor has to make surecall bills are paid if there is an estate. My State u cannot close probate for 8 months. At that time an accounting needs to be done. You can contest the Will which will hold up anyone getting anything. If its the matter of Mom just signing everything over, you may need a lawyer if Mom had Dementia.
How do you know she was coerced? I'm assuming you're talking about her Last Will & Testament? You will have to wait for her estate to go through probate, if she had assets over $75K. If she owned a home, this may easily reach this criteria. Then the executor will pay off any of her remaining debt, then distribute any remaining assets as was outlined in her Will. If she was on Medicaid, they will need to have their debt repaid as well (and they get priority).
If your Mom was coerced: in my experience in accompanying my 104-yr old Aunt to make a change in her Will... the lawyer took her aside to privately interview her for cognitive capacity AND to ask if she was being pressured. Her lawyer does this every time I take her, even though my Aunt tells the lawyer I'm her niece and she trusts me. Lawyers know better. A lawyer would not help someone alter their Will once they no longer had cognitive capacity or said they were being coerced.
Therefore, it is possible what you are fearing may not have happened, but only time will tell. And, if you think she was coerced, then you can discuss it with an attorney who will decide if you have a winnable case to persue. If so -- and you lose -- you will still need to pay the attorney and also may have to pay the attorney fees of the winning party.
If she passed without having a legally recognized Will...
"...this is called Intestate, or Intestacy. Intestacy varies from state to state.
Every state has their own established intestate process that determines whether a person’s assets will be given to their spouse, children, parents or siblings. When someone dies without a Will, their assets are frozen until the court system combs through every detail of their estate. The court then applies its state intestacy laws to make a decision regarding where a person’s possessions will be allocated This process can be time-consuming."
I am sorry for your loss, and also sorry you have no relationship with your sister that allows you to discuss things with your sister. I don't understand your question, but basically whomever is the executor of the will will be the one to file probate if probate has to be filed (in some small estates it doesn't have to. If your mother just passed on the 2nd January they may not even have death certificates at this time. They also have to file for an IRS EIN number for tax purposes. Check again in a few months from now. Check the laws of your state regarding how long the executor has to notify heirs listed in the will.
If this is a large estate consider hiring your own Trust and Estate attorney to check on things and communicate with the executor or the executor's attorney.
First thing is Will needs to be filed. Then the Executor has to make surecall bills are paid if there is an estate. My State u cannot close probate for 8 months. At that time an accounting needs to be done. You can contest the Will which will hold up anyone getting anything. If its the matter of Mom just signing everything over, you may need a lawyer if Mom had Dementia.
If your Mom was coerced: in my experience in accompanying my 104-yr old Aunt to make a change in her Will... the lawyer took her aside to privately interview her for cognitive capacity AND to ask if she was being pressured. Her lawyer does this every time I take her, even though my Aunt tells the lawyer I'm her niece and she trusts me. Lawyers know better. A lawyer would not help someone alter their Will once they no longer had cognitive capacity or said they were being coerced.
Therefore, it is possible what you are fearing may not have happened, but only time will tell. And, if you think she was coerced, then you can discuss it with an attorney who will decide if you have a winnable case to persue. If so -- and you lose -- you will still need to pay the attorney and also may have to pay the attorney fees of the winning party.
If she passed without having a legally recognized Will...
"...this is called Intestate, or Intestacy. Intestacy varies from state to state.
Every state has their own established intestate process that determines whether a person’s assets will be given to their spouse, children, parents or siblings. When someone dies without a Will, their assets are frozen until the court system combs through every detail of their estate. The court then applies its state intestacy laws to make a decision regarding where a person’s possessions will be allocated This process can be time-consuming."
Source: https://trustandwill.com/learn/dying-without-a-will
I'm very sorry for your loss and equally sorry about the family discord that is now in progress.
If your mother just passed on the 2nd January they may not even have death certificates at this time. They also have to file for an IRS EIN number for tax purposes.
Check again in a few months from now.
Check the laws of your state regarding how long the executor has to notify heirs listed in the will.
If this is a large estate consider hiring your own Trust and Estate attorney to check on things and communicate with the executor or the executor's attorney.