A problem with the Heir

8 Replies

When speaking to the mother of a deceased son she was giving the information from a lawyer stating that since she lives in a different  state from the parcels/houses/land that her son owned she cant be the heir of the property since he didn't have a will, I called and spoke to the  lawyer and he said that he appointed an heir for the situation something seems a little fishy here, what are your thoughts BP family?  

Total BS....where someone lives doesn’t affect heirship. Are you sure the attorney said she couldn’t be an Heir, as opposed to couldn’t be the Executor or PR, not that residency usually matters. Besides, he can’t appoint an “heir”.

@Wayne Brooks that's what I was thinking he can't but yes those are the words out of the ladies mouth and she has all of her senses they basically had her sign a waiver and told her it was it was something stating that she did have to show to court to count inventory so she basically didn't know what she was signing!

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@Wayne Brooks she did but apparently not the right one lol it was the appointed probate attorney 😥 but she also told me she doesn't want the parcels so🤷🏾‍♂️ but she should still have the right to sell!

If she doesn't want the parcels sold she'll have to talk to an attorney and file her own Petition for Probate and file for Letters of Administration since there is no will, for her to legally claim ownership.

The attorney you spoke with misinformed you @Henry Marshall The attorney's responsibility is to the executor/administrator or the Personal Representative.

The Personal Representative represents the interest of the estate. The attorney's obligation to the heir to whom you talked with is very limited..

@Mark Pedroza thanks for your advice mark and I think I had some misspelling in that sentence, she doesn't want the parcels at all and basically just wants to be done with it but obviously she was mis informed when she was told because she lives in another state that there is nothing that can be done.