Asked in Estate Planning and Probate for Kentucky

Q: My father just passed away with no will. He has a house with a mortgage every month and a car. What should I do?

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
  • Estate Planning Lawyer
  • Oklahoma City, OK

A: If you want to keep the house in the family, you'll have to keep the mortgage paid or pay it off. In order to pass title from your father, you'll most likely have to complete a probate proceeding. Most states have summary or abbreviated proceedings for small estates -- less time consuming and less expensive than standard probate. If your father had cash or other property from which to pay the mortgage, you may need to resort to that through the probate process to apply to the mortgage loan. Your father's heirs will ultimately inherit his property according to his state's succession laws. You'll need to talk to an experienced probate lawyer in your father's state for specific advice about your particular situation and what options are actually open to you. Many lawyers offer free initial consultations. Good luck.

PS: My comments here are for general information only and are not legal advice on your specific situation nor do they create an attorney-client relationship between us. Consult a lawyer in your state for legal advice.

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