Q: My father passed away in Pennsylvania without a will. His girlfriend is living in house. I want access/inventory assets
The deed was in my fathers name only. House has mortgage. He also has cars with loans. I am worried that she may remove his belongings from house as well. Do I need to create an estate and start probate? I am oldest of 3 his 3 sons. My mother was his first wife and youngest sons mother was his second wife. Current girlfriend never married him. My mother, step-mother and both brothers all agree that I should deal with his estate and become executor of any actions to be taken. Who should I contact first? I live in NY, but my father and girlfriend live in house in PA. My father was also left his parents house in Ocala, Florida.
A: Yes, you need to engage a lawyer to help you open an estate and be appointed "Administrator." The term, "Executor," applies only where there is a Will. As Administrator, you then are responsible for handling the estate and can gain access to the home and force the girlfriend to leave or start paying rent, if you wish.
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