Probate mess, need advice please

[Phillip Garcia]

I’m really in need of some advice here if anyone is familiar or knows what the best approach would be to this situation. A little background: IN WASHINGTON my grandmother recently passed away obviously leaving her estate behind but there is no will. Her only surviving heirs is her daughter (my mother). She also had a son but he passed a few years back from cancer. The estate consisted of 2 houses her live in house and a beach house. There is a piece of land in port ludlow, wa that’s valued at $12,000 as stated on the parcel search and then mineral rights in Wyoming that she was 1/4 owner in with 3 of her deceased husbands family members and then her accounts and investments. Investments were liquified though when she got sick and live in house sold which took care of all her medical bills and assisted living costs. What’s left is 30,000 cash the beach house, the mineral rights and property. her daughter would inherit everything but she had a brother that died like I said before and he had 3 children that would get his share as if he were alive I would assume and from what the probate attorney stated. My mother doesn’t care about anything else she just wants the beach house and that’s it. Mind you they don’t get along at all and I’m sure they are just after money. My mother doesn’t want to sell the beach house that’s all she has left of her parents. She doesn’t want to continue with probate attorney anymore now that all court stuff is done it’s a matter of reaching a deal with the kids now. How could this be structured ultimately leaving my mother with the house? By the way the house is free and clear everything they owned was free and clear. How could I structure a deal between them I’m the go between pretty much because I still get along with my cousins and it’s my mother obviously. Help please!!?? She also doesn’t care if she has to buy them out but she don’t have money so would have to do a heloc or something????

[Jerry W.]

@Phillip Garcia, first I will explain how it would happen in Wyoming, your state laws may be different than ours.  When someone dies without a will (intestate) then the laws of intestate succession apply.  Usually the children get an equal share.  If one dies their share is what their father would have taken divided by how many kids he had.(Called per stirpes)  That word drives spell checker systems crazy.  My thoughts are appraise the mineral rights, the house, the land, and add the $30K cash.  You might find out what a realtor would charge to sell the property, maybe 6% of the sale price plus closing costs like title insurance, deed preparation etc.  Divide the total value in halves and have your mom pay the difference between half the value of the house versus half the value of everything and get a mortgage for the difference so they get cash in their pocket.  The other thing you could do is file what is called a partition action in my state.  That means the court is asked to divide the property equally among the heirs.  Since the property cannot actually be divided it oredered sold and split the proceeds.  Have your mom buy it at the sale.  Point out that selling it to your mom avoids the 6% realtor fees.  just my 2 cents.