Q: Can anyone file in probate court to take away a house id they are not family??
My husband passed away in 2017 i got behind in taxes and just found out someone filed in probate to take my house. Can anyone just do this? I have minor children and was married to him for 26yrs.
A:
It sounds like an estate has been opened to administer real estate that was titled in your deceased husband's name. The quick answer is, "No, anyone can't just do this."
The more detailed answer is: I'm guessing the person doing this is the personal representative of the estate, appointed following a petition to open an estate by a creditor. The estate will be administered according to the terms of the deceased person's will, or under the laws of intestate succession (rules of priority for who gets what, when a person dies without a will). If there are creditor claims against the estate, they will need to be satisfied before estate property can pass to heirs. As a surviving spouse you are an interested person in the estate, and will probably be getting notices from the probate court. If you are unsure what they mean for you and your possible rights in the estate, talk to an attorney.
As always, this is an answer to a hypothetical. Be sure to talk to a qualified attorney about your specific situation before taking any action.
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