How do I pay bills from my mom's estate when there is a caveat on probate?

Sascha, perhaps she used the word 'caveat' meaning that Brother has put a stop on Probate being approved. It would make sense, even though I haven't heard the word used like that. Does a probate agent have a full Attorney/ Lawyer qualification? We have some limited qualifications, eg Conveyancer, and this could be one of those. If so, I would doubt if it will be sufficient to deal with this situation if Brother is serious about upsetting the will. Ask more questions about where to go for help.

Alva, this is such a complicated situation that I don’t want to weigh in further on the law, especially for the USA. Brother is almost certainly questioning the will, but if he is suggesting that Sascha is not going to act properly as Executor, it is possible that it would be questioned too. If successful, it would probably lead to an neutral Executor and Trustee company being appointed by the Court. This could be very long and expensive litigation, if there is enough in the estate to justify it. And yes, properties really do deteriorate for years while it is all sorted out. There is potentially a back story here for why Brother has been absent for 30 years and now has a head of steam eg abuse rather than simple greed. Sascha really really needs a clearer legal understanding of things.

I keep responding to you about taxes and it disappears.

I see you are from NJ. I live in the SW part of the state. When Mom went into a home and Medicaid and her SS were paying for her care, I stopped paying her taxes. And as a NJite you know that was a lot. For Mom 6k a year. I was told by the Township Clerk that by State law the County cannot take a house for unpaid taxes for two years. In some instances, it has taken them up to five years. Personally, I would not pay the taxes. For me, Moms house finally sold and I received enough money to pay off the taxes and the last water bill I chose not to pay. I paid out of pocket no more than I had to.

If Sascha is in Australia the question wording is wrong - you can’t put a caveat in a will. However if Brother is contesting the will, his lawyers may well have put a caveat on any real property (the house/s) to stop it being sold and the sale proceeds disbursed, before his case is heard and decided.

However, because Sascha has got the details wrong, it may be that communication with her lawyer is not too good, and that also applies to how to deal with the bills. (Or his? I knew a male Sascha.) I can only guess (and my first guess would be that the lawyer should inform the creditors), but a guess isn’t really what you need. If Sascha is in Australia, there should be a Community Legal Service that could talk the issue through, and arrange for an interpreter if necessary.

This is a really difficult situation. These cases can take years to come to court, and then they are often settled on the court steps. It may stick in Sascha’s throat, but good advice might be to negotiate a compromise. For example, if the properties definitely need to be sold, it ought to be possible for the proceeds to be held ‘in escrow’, ie in a trust fund, subject to specified estate debts being paid. NOT subject to the lawyer’s fees – that just encourages more litigation.

Sascha really needs good legal advice that is well understood. Best wishes, Margaret

MargaretMcKen

Are you in Australia? We have an Australian poster who is a lawyer. Let me see if I can ping her.

I definitely agree with that. Taxes are due soon! I certainly don't have the money to pay them. Im going to mention this to my lawyer. Thank you for your response.

Just read Alva's response. My Mom was in a NH prior to her death. I was already paying out of pocket to keep things on at the house until I could sell it. What I did was unplug all the appliances especially the refrigerator. I had a timer in the Living room for the light to go on at dark and go off at bedtime. I let the taxes and eventually the water bill go. The house sold right before the water got shut off. I also put the thermostat on 55. I was also going to shut off the heat but the house sold.

If its going to cause you financial difficulty to pay out of pocket, this maybe something ur lawyer can use. That the house will need to be shut down. That if taxes are not paid, the house could be lost. And by brother holding up everything, this would happen if an Executor is not put in place.

I have heard of contesting a will but not a caveat. Had to look it up. Does brother think he should be Executor or he doesn't like the way the Will was worded.

What does your lawyer say about her bills. Maybe you will need to pay out of pocket and be reimbursed later when things are straightened out. Maybe your or his lawyer can be made Executor. That way brother will think things are more fair. Why is he contesting.

Sascha, I do not have the experience of someone actually FIGHTING my appointment as executor, and hence delaying thing. I do know what a "delay" is because for my brother I could not work on administering and distribution of his trust until I obtained an EIN through the IRS. This caused a huge delay, because I didn't just have the attorney get it. IRS is working from home and it takes 3 months to do what was 1 month in Non covid times. Even then they got it wrong and sent TWO EINs. The Trust account remained on lockdown for three months simply due to fact, yes, I was no longer the POA as that stops on death. I had to pay almost everything that came due myself (I am the only heir and Successor Trustee), though little came due. A few bills not covered by the Supplemental Insurance. Funeral costs. Given that I could easily cover these things, and the Trust would end up being dispersed to me anyway, this wasn't a problem. I was told by many that a three month wait is not unusual and bills due understand when the answer is "deceased; probate being assigned" but it sure would make me nervous if it were tax bills and so on. For taxes I would go to the taxing office directly. For utilities I would have cut those off anyway. And for bills? Well, your Mom is GONE and there is nothing they can do but bill her estate, which at present is not up and running.
I am hoping Mstrbill is around, or Igloo or Margaret , a few others who are more knowledgeable on this subject, but the honest truth is that your Lawyer is your touchstone now. I only required an hour and one half with an attorney, but she was the best money I ever spent. I wish you a happy and speedy settlement of this. I wasn't even AWARE that a legit will with an assigned executor could be contested; I did know the will itself could be, but the executor thing surprises me. I hope you will update us if you come up with answers that can help others on forum with same problem in future.

I’m sorry for your loss. POA ended upon your mother’s death and no longer matters. Are you on her banking accounts?