My mother passed away this past wednesday and she left no will, a ton of bills and 4 living adult children. I don't know what to do? Does this property have to go through probate? Can any of the property that was verbally given to my sister and I be released from the mortgaged property? Can One child assume the mortgages? Will the creditors automatically foreclose on the property? I have no money for a lawyer. I need help.
Bjlair@peoplepc.com

Sorry to hear about your mother's passing. Here are some basic guidelines that might help you out.

Since your mother left no Will, your mother's property will be divided in accordance with state intestate succession provisions. Generally the priority will be Husband, Children and on down the line. It sounds like your mother left no husband at the time of her death which probably means that your mothers estate would be divided equally between the surviving children.

It sounds like your mother owned a home with a mortgage. Unfortunately you will have to have your mother's estate probated in order to deal with the property.

You should notify your mother's creditors, including the mortage company of your mother's passing - most creditors are quite reasonable when they realize that an estate is involved. The mortgage may or may not be assumable - generally the lender will want to qualify the person assuming the mortgage.

You will need an estate lawyer who will be paid from the proceeds of the estate.

Keep a list of all your expenses arising from taking care of your mother's affairs so that you can be reimbursed from the estate.

I hope this gives you some help.

Steve @ www.buyingahouseandsavingmoney.com