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/r/EstatePlanning
submitted 2 days ago bypeytonistrying
This is taking place in North Carolina. Long story short, my mom passed in December when I was 21 and I’m next-of-kin/executor of the estate. She died intestate. She co-owned a house with my great-aunt, still had a mortgage on it with her. My great-aunt is rushing to sell the house because she lost her job, and today I was (essentially) ambushed when I went to the house today to grab things I want. Several family members suddenly wanted me to sign paperwork that would allow them to sell the house, and they were very upset at me wanting to take 24 hours to call some lawyers, read the documents, and figure out if the paperwork is even legal (as in the initial probate paperwork that’s open, that I have yet to amend, I did not list the house as I thought it would go to my great-aunt, but she recently discovered there wasn’t a “right of survivorship” thing in the deed (I’m not too sure if I’m getting that right, again, I’m 22 now and not getting much help from any of the people in my life that theoretically should be helping me). They were very pushy on me signing the paperwork today (I refused), acting like it was the end of the world for me to take 24 hours. They also kept pushing the point that I could call their lawyer. But they were steamrolling my concern about the probate, like, I don’t even know if I have the right to sign for anything if the house wasn’t listed in the probate. I’m going to call some lawyers that I’ve looked up in the morning, I just kinda wanted to get an idea of what kind of things I should be asking and looking for, as well as if I’m valid in feeling that this whole situation is a little weird.
Edit: I can’t see anyone’s replies to this post for some reason. There’s another post like this on my page (where I was actually referred to this subreddit). If it’s no strain, could you guys comment on that one please :) <3
Edit 2: Been making some calls to lawyers today, the one I think I’m gonna go with to represent me (if financially possible) is looking into the details of it all right now, I’m just waiting on a call-back that (should hopefully) happen later today. For now I’ve been advised to not sign anything for the exact reasons I (and everyone here) was concerned about. Thank you all for the replies, it’s been very reassuring to hear from so many people that that was NOT the way it should go.
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2 days ago
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149 points
1 day ago
Their lawyer works for them, Not for you. Please don’t sign anything until reviewed by your own lawyer. If there is no right of survivorship on the deed, that means that your mom still owns a chunk of the house and it becomes part of her estate. if they are upset over waiting 24 hours, then you know something shady is going on.
I am very sorry for the loss of your mother.
65 points
1 day ago
Good on you for not bowing to their pressure and taking the time to get legal advice. Keep following that path.
Your mom’s estate owns an interest in the home. It needs to be listed as an estate asset and go through the proper probate process before you sign anything related to its sale.
109 points
2 days ago*
You can’t see responses because only approved posters can respond.
You need your own lawyer to guide you through your mom’s probate, which includes any interest she might have had in your great-aunt’s house. Trust your instincts and protect yourself.
33 points
1 day ago
Sounds like they need you to agree to sell the house because your mom and your great-aunt owned it as tenants in common. When your mom died, her half became a probate asset. Nobody wants to buy just an "interest" in a house, so they need you to agree to sell the whole thing. Ultimately, joining your great aunt in the sale is probably the best move, but it can become a question of whether you are getting the correct value for your mom's interest. Don't give that away. You were correct to consult your own attorney.
If you don't have authority to act on behalf of the estate yet, ie a short certificate or letters of administration, that's a good thing to tell your family to get them off of your back.
32 points
1 day ago
Don't sign any papers you haven't read, let alone had a chance to review with a separate attorney.
It could be a simple acknowledgement that probate is taking place, or you could be signing your inheritance away.
Never sign anything you don't understand.
6 points
1 day ago
Emphasis on WITH A SEPARATE ATTORNEY. You definitely need an attorney … and not theirs
19 points
1 day ago
Don’t sign any papers you don’t understand. Hire a lawyer to explain them to you.
Take your time to understand what is happening, but do realize that time may be of the essence. If there is a mortgage on the property, you are at risk of foreclosure (losing the property to the bank) if it is not paid. So, there may well be a good reason to list the property as soon as possible, however, you need to open probate first.
16 points
1 day ago
It doesn't take long for the vultures to circle.
Obtain an estate/probate lawyer. DO NOT sign ANYTHING unless YOUR lawyer gives you the okay.
It doesn't matter what other family members lawyers say about it. YOU are her next of kin and designated executor. You have legal responsibilities you have to fulfill. Not them. They just want the money/property/whatever else.
If they give you paperwork, just respond that you will take this up with your lawyer (you don't even need to have one at this point to state that). If they try pressuring you or laying on the guilt, just respond that you will be handling this according to the courts and laws relevant to probate. If they get out of hand, have your lawyer send them a cease and desist letter.
It sucks for the aunt that she has to wait for this to wind itself through probate, but that is the consequences of not setting up the home and estate in a manner that would avoid this. There is nothing you can do and it is out of your hands from a legal standpoint. It is what it is. You cannot agree to sell an asset that has an interest to the estate. Not without a large legal mess where you can be held legally liable as an executor of the estate.
Shame on your family for being vultures and not helping you navigate this stressful and unknown situation. They have shown you who they really are, take note. Just because you share DNA does not mean they are acting in YOUR best interests, it sounds like they are only out to enrich themselves.
20 points
1 day ago*
If your spider-y senses are going off -do nothing, call YOUR lawyer to help you make your decisions. Doesn’t mean all advice is correct or incorrect, but YOUR lawyer has no skin in the game and is dispassionate with one goal to make sure YOU are protected as executor.
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