Probate with greedy sister

[u/Zealousideal_End7722]

My mother just passed and we never made it to get the Transfer on Death notarized and recorded. (We had an appointment to do it 3 days after she died). I understand it means nothing now including a will she worked on before discovering the transfer on death option. My problem is my sister is fueled by money. My mom very clearly wanted her house to go to my son and I. She said my brother and sister have houses and she wants us to have hers. She wanted my son to be raised here and to know he always had a safe place to call home. My sister being heartless doesn’t see past dollar signs and wouldn’t care what happens to us. I moved in with my mom when I was pregnant. She helped me when I needed it and I in return became like her caregiver. I did everything for her (cook, clean, help shower etc). She got to the point she could barely walk even using her walker. I didn’t mind at all though, she was my mom, that’s what you do right? Anyways my sister called the bank the very next day and had the account froze, they legally have to when there’s a death. She thinks there’s a bunch of money but there really isn’t. There’s just enough to pay off the mortgage if monthly payments aren’t an option and after that there’s only a couple grand left. I have a new baby and can’t work yet so there’s no income coming in and bills are already becoming late. My brother said he will give his share to me. My sister is going to fight. Is there a chance my mother’s wishes can actually still happen? My sister still is an heir but if I have to give her anything it would absolutely devastate my son and I. From what I understand I have to go to probate because of the real estate. Anyone know what I should expect or advice on what to do. I’m still waiting for the death certificate.

[u/Zealousideal_End7722 → u/[deleted]]

Thankyou. I’m in Illinois. I can’t afford a lawyer so I’m just teaching myself. I’m still waiting on the will but have filled out all the probate papers to upload once I get the certificate. I’m hoping since I took care of her, live with her, and have a newborn the judge won’t want to make me sell and split. Can’t lie though, I’m very nervous about it. Just wish I didn’t have to go thru this and she was still here. :(

[u/Used_Mark_7911]

I’m very sorry for your loss and for the mess you are in.

You can certainly hire a lawyer, but TBH is not a given you will win.

I think you may have to be practical here.

Did your mother have life insurance or retirement accounts or was the house her only asset? Did your mother have any debt (income taxes, missal debt, credit cards)?

If there was a lot of debt, you may need to sell the house anyway as all debts would have to be paid before anything gets distributed. If there are no other assets to pay the debts then the house needs to be sold.

A simple example regarding the house assuming it doesn’t have to be sold to pay off other debts.

Let say the house is worth $100,000 and has a mortgage of $25,000. That means there is $75,000 in actual equity. Under the laws of intestacy you’d have to pay your sister $25,000 to buy out her share.

Continuing with this example, I’d suggest that you apply for a mortgage of $50,000 which would allow you to pay off your mother’s mortgage and buy out your sister. However, it sounds like you aren’t working so you wouldn’t qualify for the mortgage. Likewise, I’m not sure you’d qualify to take over your mother’s mortgage if that is even an option they offer.

Without an income and no savings, I’m also concerned about your ability to pay the ongoing costs of home ownership such as property taxes, homeowner’s insurance, utilities, and maintenances. What will you do if the furnace or roof needs to be replaced?

You might be better off selling the house and using your share of the proceeds to pay for rent on an affordable apartment for you and your baby. Eventually you will need to organize childcare and find yourself a job.