Q: My dad died March of 2015. he was not married and I am the only child. everything was signed over to me (cars,checking).

A: You can't insure something you don't own. So the short answer is 'you can't' avoid probate and just leave the house in your deceased father's name forever. The problem isn't so much you 'losing' the house because someone makes an adverse possession claim because they paid the mortgage, but one of liability and 'clarity of title' that could cause issues later on.

If you want to rent the house to your uncle for 'cost' of taxes and the mortgage payment, and the MORTGAGE company is OK leaving the loan in your father's name even though you own the house (what mortgage company is this? I've NEVER heard of one willing to do this! In 30+ years of practice, it literally has NEVER happened.) then you can do that, but (you knew there was a 'but' right?) if your uncle or one of his visitors trips and falls or otherwise gets hurt, YOU personally may be on the hook (well, your dad's estate since it is his house), and you won't have insurance to step in and pay medical bills or whatever else. They could then start the probate as a creditor, and take the house. Is it worth that risk to save a couple hundred bucks it will cost to probate the house properly?

Probate is NOT generally that expensive, especially when assets are limited, so don't be penny wise and pound foolish here. Just go through probate, and sleep better at night!

A: I can provide some general advice, but you would probably want to consult with an attorney in your area to ensure that your legal rights in the home are protected. It would probably be worth the investment.

Assuming your father died without a Will and you are the only heir, then the land "vested" in you two years after his death. There is a document called an "heirship affidavit" that you can have two unrelated individuals sign attesting to your relationship with your father. If these affidavits are recorded with a new deed in your name, then the property can be placed in your name (allowing you to get insurance). Heirship affidavits are a means to avoid probate and work well when the only asset is land. A local probate or property attorney can assist you and it would not be terribly costly.

As for the uncle, he is really a tenant with an unwritten lease agreement. Some options would be to send him a letter confirming that he is only a tenant and that he is allowed to remain in the home so long as he pays mortgage and expenses. Again, a lawyer could walk you through this process to ensure your rights are protected. Good luck.

This answer is only a sharing of some general legal knowledge and does not establish an attorney-client relationship. You should not rely on any advice in this answer, as it is not meant to address your specific situation.