Other than some furniture and collectibles what do I need to do to settle her affairs?
Full Question:
Answer:
The property needs to be sold, so that the mortgage and creditors can be paid off with the proceeds. The remaining money would be divided between yourself and your brother, assuming no surviving spouse. Likewise for the furniture and collectibles.
It is possible to send notices to the creditors, that they must file a claim against the estate. If these are not properly filed, or filed in time, then the claims can be denied.
You (or your brother) should meet with a local attorney (local to where your mother's home is) so that he can manage the legal work required for the closing of the estate.
If a person dies without a Will ("intestate"), the probate court appoints a person to receive all claims against the estate, pay creditors and then distribute all remaining property in accordance with the laws of the state. The major difference between dying testate and dying intestate is that an intestate estate is distributed to beneficiaries in accordance with the distribution plan established by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions provided by the decedent in his/her Will.
The cost of probate is either set by state law or by practice and custom in your community. The typical cost to probate an estate is in the range of 3% to 7% of the total estate value. The lawyer will also be paid from the proceeds of the estate.