Handling the Delay of Probate Due to a Sibling’s Hoarding and Procrastination
In a recent letter to financial columnist Quentin Fottrell, a reader expressed their frustration with the delay in probate due to their sibling’s hoarding and procrastination. The reader, who is in their early 50s and raising their teenage daughter alone, sought advice on how to handle the situation and move forward with their lives.
The reader’s parents passed away last year, leaving behind a house and belongings that are meant to be split between the two siblings. However, the sister, who has never moved out of the family home and has a history of hoarding, has been avoiding the probate process for several months.
The reader is concerned about the impact of this delay on their own financial stability. They rent a home and have been sacrificing to put aside retirement money while raising their daughter. They hope that their sister will buy out their half of the house so they can live a more secure life.
Fottrell’s advice to the reader is clear: it’s time to call a lawyer. Delaying the probate process could result in fines, and it’s important to take action as soon as possible. The good news is that all of the lawyer’s fees will likely be paid out of the parents’ estate, so there will be no upfront legal costs for the reader.
The reader should also consider discussing the possibility of removing their sister as executor of the estate with a trust-and-estate attorney. While this process can be complicated and costly, it may be necessary if the sister’s procrastination continues to hinder progress.
Fottrell acknowledges that there are personal issues at play in this situation. The reader’s description of their sister primarily focuses on what she lacks, such as a husband, children, and a driver’s license. However, it’s important to recognize her positive qualities as well, such as her role as a caregiver and her hard work as a civil servant.
The sister’s hoarding disorder and procrastination may be symptoms of underlying mental-health conditions, such as anxiety or obsessive-compulsive disorder. Encouraging her to seek the support of a therapist could be crucial in helping her move forward and address these issues.
Ultimately, the reader must prioritize their own financial stability and take action to resolve the probate delay. Seeking legal assistance and offering support to their sister in addressing her personal challenges are important steps towards finding a resolution.
In situations like these, it’s essential to remember that no problem exists in isolation. Financial and personal issues often intersect, and it’s important to address both aspects to achieve a satisfactory outcome.
If you have any financial or ethical questions, you can reach out to Quentin Fottrell at qfottrell@marketwatch.com. The Moneyist regrets that they cannot reply to questions individually.
