My dad died 9 months ago and my brother went to jail the day after the funeral. I was left to clear out my dad's house so the landlord could re-rent it. We sold his belongings, but only profited around $3,000 because we were in such a rush to vacate the house or owe another month's rent. Months later I found out that my dad had a will leaving everything to me and my brother equally. The only thing that he had was property worth approx $20K, but had debts, including debt owed to the IRS and a $6,000 funeral bill, over $100,000. I'm not sure if I should probate his will since his estate is less than $50,000, but there's some complexity involving the IRS debt. I have a buyer for the property, but can't sell it since the IRS has a lein against it. I'm also wondering if I'm in hot water because I sold his belongings without filing anything in probate court, since I had no idea at the time that he had a will. Also, if there is no money in the estate, am I responsible for the funeral since I made the arrangements?
Answers & Comments
Get a lawyer.
In the US you 'must' probate his Will in the Probate Court because property was not transferred to new names prior to death, despite Will.
You may in the Will be appointed 'Personal Representative', and be in charge of any 'estate'.
The 'belongings were 'given' to you by your father as 'gifts' and therefore not questionable.
You should have filed the will with the Probate Court because it is up to them to make sure that all of the debts are settled and you should not have sold anything before you did that. A final tax return has to be prepared. You need a lawyer at this point because you could be in trouble.
Get a lawyer.
I recommend you check out http://www.nolo.com/
It's got a lot of free information, books (which I've purchased and used) and a lawyer directory.
My condolences on your loss, it sucks you got the short end of the stick. Good luck!
https://www.youtube.com/watch?v=JLAMLJxTUxY
You *can* and *need* to sell the property. The lein means that the IRS gets the procedes from the sale, not that you can't sell it. The IRS would get the money even if they did not have a lein, since your father owed them money, and now the estate owes them money.
This seems too small to hire a lawyer for, but with the IRS involved, perhaps you should. The estate can pay the lawyer. You need to have the lawyer open probate, get you assigned as the executor so that you can sell the property.