So Lost
My wife and I are unsure what to do. Her aunt passed away 5.5 months ago. The estate has multiple properties and bank accounts. Sadly her aunt never filed her will so we were informed that my wife is not the executrix as we had thought. The oldest son has claimed he is in charge of everything but refuses to file for the letter of administration. The taxes haven't been paid, creditors are placing leans, home owners insurance is lapsed, he took the car and is driving it with no license/insurance/suspended registration, and drained a bank account less than a week after her death, prior to learning his cousin (my wife) isn't the executrix. There were numerous heirs listed in the written will that's not legally binding.
We currently reside in one of the properties and the son is in the other one. The third property was under contract for a balloon payment by the end of the year. Everything is stuck because the "next living relative" (the son) is demanding ash rent for our property, which we refuse to give until he gets the letter of administration, which he refuses to get.
My question is this, our state has a 1 year time limit for heirs to claim inheritance, what should my wife do since the deceased's son isn't following the law? There is barely over 6 months for the entire family to claim their inheritance. Is she legally allowed to petition for letter of administration due to derelict of duties and illegal activities on the "rightful heir's" part? Should she get an attorney? Would she have to pay the attorney or would it come out of the estate at the end?
Thank you for any guidance. We are just trying to get everything wrapped up legally and make sure everyone mentioned in the handwritten will gets what was left to them before the son loses and/or steals it all.
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