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My mom passed away a year ago and I don't think anyone did anything like register to be her executor or administrator what could or should I do about that if I have 2 other siblings?

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If your mom died without a will, it’s an intestate death for how probate court would handle her Estate under her States laws. “Intestate” will have firm rules for how it has to be done to establish you & your siblings “lineal heirship”. Just how its done is based on your States specific probate, heirship and property laws; and stuff like this is definitely attorney work.

But b4 you delved into how intestate is done for your State, did your mom die with assets that require a court action for them to transfer to another or be distributed to her heirs? To me (not an attorney but have been an Executor more than once) that is the BIG ? that has to be thought through first and foremost.

So if mom died and she owned no home, no land, no autos, no stocks, no investments, nothing that requires a correctly issued title to transfer ownership; died with no assets of significance; then probably there is no Estate that needs probate opened.

If she died and had all her banking accounts and all investment accounts were done by her to be TOD/ POD (transfer on death/pay on death) or have named beneficiaries (like done for life insurance or annuities), those move outside of probate, so again no Estate that needs to be opened for those types of assets.

IF all she had were debts, and all her debts were purely 100% in her name only, well to me, too bad so sad for those debtors as they have nothing to place their claim to be paid from. They may call and send collections letter to you or your siblings, but if they were purely moms debts, too ba so sad as there is nothing they can do UNLESS YOU CHOOSE TO ASSUME MOMs DEBTS.

Go over what mom’s situation was left behind from her death and if she had assets, then find a probate attorney to do what’s needed to deal with intestate death. It is imho not a DIY. Some atty on,y do intestate estate work as it’s a bit different than traditional probate.
Please pls be aware that most States have a specific timeline for when probate has to be opened by. Like a lot of State's have it that it has to be opened within 4 years from the DoD / date of death.

Also if mom was on LTC Medicaid and also perhaps Community Based Medicaid, she may have a claim on her Estate. All States have to do a required attempt to get a recoup or recovery from the now deceased after death assets. .
Helpful Answer (3)
Reply to igloo572
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Do you get along with your siblings, or are you not able to talk with them about this? Do you know for sure that she didn't have a will? Or maybe one of your siblings had it?

What was your mother's situation? Did she have a house or did she rent or was she in a senior facility? Who handled her bills while she was alive?
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Reply to MG8522
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All my Mom had was her house. If she had been in an apartment, there would have been no estate to probate. She had been in LTC. Her pension and Social Security stopped, that was her only income. Insurance money went to her burial. Any money she had went to her care.

You don't probate if the estate is under a certain amount. In my state 10 yrs ago, it was anything under 20k. You can get a short certificate to handle any debts and get to a persons bank account by filing an affidavit.

How did you bury your Mom? How werevher debts paid? Is there money sitting in a bank account? Was you or one of your sibs on that bank acct?
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Reply to JoAnn29
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1. Ask the two siblings if either of them has registered to be administrator of Mom's Estate.
2. Ask siblings if there IS any estate to their knowledge.
3. Was one of your siblings in charge of Mom's finances at the end of her life, acting as her POA/Guardian or conservator? If so, that sibling will hold now all records and documents and would be the natural one to settle the estate.

If your mother did not have any money or bills or other assets (home and etc.) there is no need of an administrator of her estate.

If you have questions on what to do and feel something must be done, then see a probate attorney. They can reassure you if anything needs to be done. Often at the end there is nothing whatsoever, and whatever there is is quickly recovered by Medicaid.

Do let us know what specifically YOU feel is existing and needs addressing? That is to say, are you getting bills? Is someone getting mail about accounts, taxes, etc?
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Reply to AlvaDeer
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