My mother passed away 3 yrs ago intestate. My sister was named personal representative. She was supposed to sell the house (witch is paid for and that she has been living in) and split the money between us. She won't talk to me. I don't know what to do I need help. I can't afford a lawyer.
You need to bring the situation to the attention of the probate court, with the help of a good probate lawyer. If legal action is required to make a personal representative do what she is legally obligated to do the attorney costs are properly a cost of the estate, or the PR may even be required to pay. Also, it is possible that even a letter from a lawyer threatening action against the PR may get her off the dime. She has too good a situation and likely won't act until she is forced to. But to not act is a breach of her fiduciary duty.
This response is not intended to create an attorney/client relationship between any individuals, and is not intended as specific legal advice.
I am sorry about the problems. Your sister may be violating her duties. Moreover, it is improper for her to just stay rent-free in the home absent very limited circumstances. You may have a basis to have her removed as the representative and she may be liable to the estate.
This involves a considerable amount of money that you are due and, frankly, you cant afford not to retain a probate attorney. Many attorneys can assist on some form of contingency or other alternative arrangements.
Start contacting probate attorneys and see about options. Most of us offer free consultations. Many of us also can consider alternative fee arrangements if you cannot afford a full retainer. You need to do this ASAP as this has gone on far too long.
I hope this helped.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
You should hire a probate lawyer. You can petition the court to recover the fees from the estate. The PR is personally liable for any lost profit. So she would owe your share of the rental value. You should be able to find a lawyer who will take a small retainer to start the ball rolling or you. Use your tax return for this purpose. Your sister's PR letters will likely expire 3 yrs after they were issued. If you get yourself appointed, you can take possession, change the locks on the house, etc...
It is important that you bring this before the probate court. Colorado law provides that you are entitled to reimbursement of fees if you or your attorney obtained an order that assists the estate. Obtaining an order that makes a personal representative comply with the law most likely would fall within that rule. Also, if your sister has been living rent-free, then, based upon the language of the will (I am presuming there is a will and that it divides the estate between you and your sister), she may be liable for payment of rent during her stay.
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