Death probate debts

Shelleypt

Father died early this yr intestate - estate to be split between 4 siblings. Eldest sibling has also died. Her share to go to her estate so that's clear enough. However her estate is currently in the negative & could be sorted before fathers estate  there could be at least 6-12mths delay do we have to keep her estate open until the funds come in to settle any outstanding debts or can we close her estate giving her family some much needed debt free funds when fathers estate closed 

Any help wd be greatly appreciated 

Marcon

Shelleypt said:

Father died early this yr intestate - estate to be split between 4 siblings. Eldest sibling has also died. Her share to go to her estate so that's clear enough. However her estate is currently in the negative & could be sorted before fathers estate  there could be at least 6-12mths delay do we have to keep her estate open until the funds come in to settle any outstanding debts or can we close her estate giving her family some much needed debt free funds when fathers estate closed 

Any help wd be greatly appreciated 

If eldest sibling died after father (which I think is what you've said?), then you can't close off her estate until her inheritance has been paid to it.

GrumpyDil

As above it depends if sibling's inheritance was final before she passed.

So simply put If she died after your father then it will form part of her estate. If she died first it won't. 

Marcon

GrumpyDil said:

So simply put If she died after your father then it will form part of her estate. If she died first it won't. 

Unless there's a provision in your father's will that she has to survive him by x days - and she died before x days had passed. Are you quite sure 'Her share to go to her estate so that's clear enough' ?

p00hsticks

Marcon said:

GrumpyDil said:

So simply put If she died after your father then it will form part of her estate. If she died first it won't. 

Unless there's a provision in your father's will that she has to survive him by x days - and she died before x days had passed. Are you quite sure 'Her share to go to her estate so that's clear enough' ?

OP says father died intestate - so no will.

Shelleypt

Thank you all for your responses. Thought this was the case just needed confirmation. Sister & I discussed her wishes before she passed she wasnt trying to avoid paying off her debts I just hoped her family could have been given a break its been a real bad year for them.