What to do if my brother and sister-in-law both died within 2 months of each other neither with a Will and their sons do not wish to go through the probate process?

They don’t want to go through the probate process to get their house because of the expense and very little equity in the house, so they are going to let it go back to the bank. Since I am the only relative close by, they have asked me to liquidate the contents of the house via a professional auction service. Is this something I can legally do for them?

Asked on July 20, 2014 under Estate Planning, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  I would consult with an attorney in your area on this and frankly, I would wait to auction off the contents.  What I am afraid of is that their are creditors out there that may be entitled to making a claim against the estate and if you create a cash flow without paying them off it could be a problem for you as well. It could be seen as dissipating estate assets.  They are better off just having some one appointed as Administrator of the estate and selling the house. Good luck.


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