Q: My mother just died without a will. Her husband died 5 yrs ago. their home is still in both their names with a loan.
His children received his assets when he died. My sister and I were suppose to receive the property to split. How do we proceed
A:
First of all sorry for your loss.
1. I would have an attorney review the way the property was titled. If it was in joint tenancy and the husband died first, then the property would have passed to your mother without probate. If that is the case it is doubtful that his children would have any claim to the property.
2. You would need to file a probate. Depending on the value of the assets, you may be able to use a summary probate which is less costly and quicker than a traditional probate.
3. The lien would remain on the property. You, by inheriting, would not become personally liable for the debt. The property could be sold during or after the probate. The lender would receive it's share and you and your sister would split the proceeds.
4. You didn't say whether there were any other siblings or surviving descendants of deceased siblings. If so they would share in the probate even if that was not your mother's intention if she did not have a valid will or trust.
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