Q: My wifes dad has died, and he left no will. She is his only duaghter. What does she need to do for probate on a house?
Does she need letter from all family members? On house full of tos ect need to be evaluated and how to go about doing that?
A: You will first need to determine how the real property is titled. If titled in joint tenancy then the other joint tenant takes the property upon filing a notice of death of joint tenant. If titled any other way a probate needs to be opened. If there is a mortgage on the property she will need to keep those payments current to avoid a trustee's sale. If there is a co-owner she needs to file her own creditors claim against the estate for reimbursement of payments in excess of her share of the estate. If she is the sole beneficiary and just wants it sold she will be able to put it up for sale but the important issue is keep mortgage payments current do there is no default and a resulting trustee sale. If the home is paid off, keep the taxes current so their is no lien.
Bill Sweeney agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.