Legal Question in Real Estate Law in District of Columbia
Aunt passed suddenly, Real Estate and No Will
My Aunt passed suddenly and I am at a lost. She never created a will. I am the only living heir. My mortgage payment is almost $2500.and her mortgage payment is 1,063.
I have been paying it along with other debts, but I can't continue to do this. She has life insurance and no will. It is very hard to handle her affairs when nothing is in writing. I am overwhelmed and I don�t know what to do.
I do not want to lose her home in DC. nor do I want to live in DC, or take the risk of affecting my credit or take away the dignity she held so high because she always paid her creditors on time. .
Need help!!
1 Answer from Attorneys
Re: Aunt passed suddenly, Real Estate and No Will
You should go to the probate division of the D.C. Superior Court and request to file an application to be appointed the administrator of your aunt's intestate estate.(The estate of one who passes without a will.)
The court should appoint you as the adminstrator
with full authority to inventory whatever assets your aunt had and to distribute those assets to your aunt's only lawful heir(apparently you)---after all legitimate bills due and owing on the part of your aunt at the time of her demise have been paid.(You will be required to file a report with the court showing how all assets were disposed of and what bills/costs were charged against the estate.)
As the lawful heir who acquires the property by inheritance, you will also gain the so-called stepped up basis for tax purposes which will allow you to pay less capital gains tax on the property when you sell it.
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