Legal Question in Wills and Trusts in Wyoming
Family problems
My grandmother passed away about a week ago. She left a will but the will is dated 1977. Basically what the will said was that everything was to go to my mother and her 2 sisters. One sister is deceased, and the other sister and my mother do not speak. Really the only thing the estate is is property. My grandmother had a reverse mortgage on her home and that has paid out to date $67 thousand. My grandmother was also 3 years behind on her property taxes $3,500. My aunt thinks that (even though the property is worth over $180 thousand) the courts in wyoming will sell it for back taxes. My aunt also thinks that because she had power of att. when my grandmother passed away, that she still has power of att. My grandmother named no executor of her will, but my aunt has told my mother that she will administer the will any way she sees fit. I don't want my mother cheated out of her fair share by a sister who is nothing but hateful. Can you help me and please give me some advise on what to do and where to start.
2 Answers from Attorneys
Re: Family problems
No attorney-client relationship is formed by virtue of the information I am providing to you.
You need to get a probate lawyer ASAP. Auntie's POA died with grandma, those powers authorize Auntie to act on granny's behalf for financial affairs in the same manner granny could have WHILE ALIVE -- if granny is dead, she can't act and thus, Auntie can act as a substitute either. Anyone you know is dealing with Auntie via POA for granny's affairs should probably be informed of the death - death certs are a good idea.
Not appointing an executor in the will is unfortunate, but maybe a blessing too. The will needs to be filed in the district court of the county where granny resided at the time of her death - then, family members can petition to be appointed as the executor and probate should probably be undertaken to clear the liens/debts on the real estate, if nothing else. The state isn't going to sell the property if the family uses the probate process the way it is meant to be used -- for this very reason, to settle up debts, garner assets and distribute according to her will. The deceased Aunt's kids may take her place as distributees, depending on how the will was drafted. This situation is going to be complex enough that trying to do it alone is a very bad idea. If Auntie and your mother do not get along/see eye-to-eye on this, it could become a contested probate, very similar to a lawsuit, so you don't want to do that alone.
Recap: 1) Get a probate lawyer in Wyoming;
2) Get a probate lawyer in Wyoming;
3) File the original will - if you/mom don't have it, then this is something the lawyer can help with too because there are penalties for not filing a will and Auntie may need to be reminded of those...
I may be able to help find a probate lawyer for you depending on where granny lived/died in Wyoming.
Re: Family problems
This is a complicated problem that you probably are not going to be able to handle by yourself. Get a probate attorney, and one who is familiar with the property in the locality. You can still repay the taxes plus interest, to protect the interest in the property. Since there is still equity in the house, there is an asset to be probated. The 1977 will is probably valid, unless there is another document out there, which replaces the will or demonstrates an intent to revoke the will.
A good probate attorney will be able to help you negotiate through this set of legal problems. You can get a referral from the Wyoming State Bar Attorney Referral service. www.wyomingbar.org.
Tom
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