What to do about my mom’s estate if she died broke in Mexico but had an address in the US?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about my mom’s estate if she died broke in Mexico but had an address in the US?
She had an address in my state but a 1/13th partial ownership of a cabin in another state. She also owned some small shares of stock. The transfer of stock requires a small estate affidavit but the form asks where in the state that she died. Should I just write in Mexico? The probate law in the state in which the cabin is located requires that someone living in the state be appointed as executor but I just want to file a death certificate with the county clerk so that my sister and I will get our 1/26th each portion of the real estate. Is it really necessary to go through probate when the entire property is only worth about $40,000 (of which mom’s piece was about $2000)?
Asked on May 3, 2013 under Estate Planning, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Based upon what you have written you can probate your mother's estate in the county and srare where she last had an address when she dies regardless of owning a 1/13th interest in real estate in another state IF there is reciprocity of ordered between the two states which most likely there is.
I suggest that you have a consultation with a Wills and trust attorney (or legal aid) as to the best way to resolve the closure of your mother's estate.
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.