What to do if my mom died with no Will but owned a mortgaged house?

UPDATED: Sep 18, 2013

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What to do if my mom died with no Will but owned a mortgaged house?

I have an older brother that was named PR and I want to know if I can go to the closing/settlement of the estate?

Asked on September 18, 2013 under Estate Planning, Maryland


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 9 years ago | Contributor

Hello. I am sorry for the loss of your mother. Since you express concerns, I suggest that you speak privately with an attorney licensed in your state. Depending on the circumstances of your mother's finances and estate, there may or may not be a formal hearing of some sort. Know that generally: Some attorneys are available seven days for emergency legal needs. Many attorneys will speak initially at no charge. hen, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in a limited scope manner to conserve legal costs. All the best.



Tricia Dwyer, Esq & Associates PLLC

Phone: 612-296-9666

365 Days of the Year until 8 p.m. daily







Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

I am not sure that I understand your question. The closest thing to a closing or settlement of the estate is the final accounting that is submitted to the court. Because you are a beneficiary of your mother's estate, the PR will give you a copy of this accounting. There may or may not also be a court proceding for this accounting. The proceding will be a public hearing, so you have a right to attend. 

If you are asking whether you can go to the real estate closing (where the house would be sold so the proceeds can later be divided among the beneficiaries). . . well, you can certainly ask to go, but it is not so obvious to me that you have an absolute right to be there. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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