My grandmother had real estate when she died, the executer of the will was my aunt. She gave the property to her brother, my uncle, who then took a $285000 loan on the property. A couple of years later he sold the property for $450000. My father just recently passed away and when I was going thru his paperwork I found some correspondence between my aunt and my father where she said that my grandmothers estate was a negative estate. On my own I was able to find out that the only debt she had was $25000 from the dshs. According to the will that was filed in probate all property was supposed to be split between the three children. Is there anything I can do?
You can talk to a probate attorney about your claim. The statute of limitations may be an obstacle. Also, you may lack standing to pursue a claim.
You MUST talk to an estate attorney. The claim is by your father against your aunt. But since your father has died, his estate would have to sue the aunt. In other words, the executor or the Personal Representative of your father's estate could probably bring a claim against the aunt. Whether it is worth doing depends on many things, including whether your aunt has any money with which to pay a judgment against her.
Do not delay. Contact an lawyer who handles probate litigation immediately.
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