Midway Real Estate

Probate Concerns (CT). No will, children living in the home. Please help!?

My grandmother passed away last year. She left no will, has no surviving spouse but 4 surviving children. Two of her children live in the house which is in a co-op. The children never filed for probate and now the co-op has filed for it. The received notice and we have to go to court to request a hearing. It says that the court will appoint the fudiciary. My questions are:
1. Can we request that someone (like myself) be appointed as the fudiciary?
2. Can they tell the people living in the house now that they have to leave the property while it is probate?
3. Can the court force sale of the home if debts that are owed by the deceased cannot be paid by the family?
4. Do you have any advice?
Please do not state that we should hire a lawyer. We would if we could but they cannot afford to pay a lawyer. Also, all of the children are adults. The co-op does not like my family and I think they want to force them to leave and that is why they have filed for the probate.

1. You can certainly request appointment. But in most states, creditors have priority to appointment as administrator. Presuming the co-op is a creditor, the co-op will likely get the appointment, unless the co-op voluntarily cedes the appointment to someone else.
2. Don’t know.
3. Creditors get first claim to the estate. If sale of the estate assets is required to pay the debts, then the assets (including home) will be sold. If debts can be paid from other sources, e.g. bank accounts, stocks, voluntary payments from others, then the home need not be sold.
4. About the only advice I would have is this: If grandma’s debts were greater than her assets, then just walk away, and let the co-op handle everything. If you really want to maintain the home, or stay in the home pending probate proceedings, then you really need to hire a lawyer, or else negotiate with the appointed fiduciary.

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