Submitted by HTrimble on Fri, 12/31/2010 - 09:17
My mother died recently after an illness. My father died years ago and since then my sister has been living with my mother. I'm not sure where the will is or if there was a will and my sister either doesn't know or won't say. She doesn't want to probate the estate because she wants to continue living in the house without paying rent, although she does help with the taxes and insurance. My brother says he doesn't want anything to do with this mess and that my sister and I should work it out. So what should I do to get the ball rolling? I don't really care if my sister wants to stay in the house, as long as we get the estate probated, then she could pay rent if she wants to stay. But how do I start probate with or without her help?
Starting probate
As you may know from reading some of our other threads, if your sister knows about the existence of the will, she is obligated by Massachusetts law to deliver the will to the probate court or to the named executor. If there is no will, you or any of your siblings can file with the probate court to commence administration of the estate. You could even request that you be appointed administrator. If you think this is going to turn ugly, you may want to contact a Massachusetts probate attorney or perhaps, a family mediation professional. Good luck.