What to do if I am the administrator for my brother’s estate and everything has been distributed except for the house?

UPDATED: Mar 17, 2013

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What to do if I am the administrator for my brother’s estate and everything has been distributed except for the house?

My brother willed it to my mother, however my mother is in the last stage of Alzheimer’s. What should I do to complete the estate with the Register of Wills?

Asked on March 17, 2013 under Estate Planning, Maryland


Victor Waid / Law Office of Victor Waid

Answered 10 years ago | Contributor

First, California does not have a register of Wills; Wills are filed with the court upon the death of the person making the will. Second lsounds like the will has been administered as you say your mother is to receive the house. Obtain the assistance of probate counsel to complete any last details re the administration of your brother's estate and to make sure the house  is transferred into your mother's name and that estate is closed; however if she is receiving government care benefits, then you may want to have a conservatorship established for her, and empowering the conservator to establish a special needs trust for her to receive the house so as to not interrupt the flow of the government benefits, which may occur if she receives the house directly.

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