Probate help 5 heirs 1 reluctant to settle

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child5

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My jurisdiction is: Washington State

Our mother passed away a few weeks ago leaving no will, it was known to all of us that she wanted the estate split among her 5 children. The oldest child has lived in a trailer on the estate for 32 years and thought she would be able to keep the place. After she spoke to a probate attorney she seems to realize that without a will, she can't. The problem, she has possession of house keys, all personal papers and has already gone through everything in our mothers house and won't let any of us in. Her son was living with our mother and is still living in the house. She says she will handle the probate "but everyone needs to be patient" we find this hard to believe because she has never been a responsible person in her life and she has expressed in the past that they have "squatters rights" We were told that there is a seven year timeline that begins at the time of death. Can she draw out the probate for that long? What can we do to insure our rights and that probate proceeds in a timely manner? 4 of the 5 siblings (including the reluctant one) are financially strapped and could really use their inheritance. Are there laws regarding when a probate has to be started? The estate is worth probably around 300,000 with approx. 30,000 owed on the mortgage.
 
Is there much besides the house? Probate can take a long time for a complicated estate, but I suspect that is not the case here. You might also need to be concerned about her dissipating the assets of the estate.

Since there's no will, the siblings should agree who is to be the personal representative, and apply to court to have that person or persons named. She has no right to be the sole personal representative. Any of you or your siblings could do it, or could do it together with her.
 
2 of the 5 siblings live out of state, no one seems to be willing or have the financial means (attny fees, and ability to pay the mortgage, taxes etc.) to take this on. I know that it can been done in Washington pretty cheaply on your own. Our main concern is that we will probably have to evict them and things will get ugly. The property taxes were due Oct 31, the house and land were up to date but the trailer is in arrears. The reluctant sibling is living in the trailer with 7 other people and her son is living in the house. They have over the years piled huge amounts of garbage, broken cars, etc on the property. There is a small bank account but really the only thing of value is the land itself. She also has possession of both our mother and father's ashes.
 
Well, if you want to make sure the estate is distributed in a timely manner, the answer is don't let your sister probate it by herself. How you do that is up to you and your siblings to decide. The financial burden should be a factor - a personal representative is entitled to be reimbursed for reasonable legal fees by the estate, and may be able to claim personal remuneration as well.

As far as the rest of it goes, you're right - it sounds like you'll have a battle on your hands.
 
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