Q: My dad passed away, and owned his house can they take it from us.
My dad passed away he owned his house free and clear. The only thing is, is that he didn't leave a will. We, my brother and my sister and I, our names are not on the house. Can they just take it from us. And make me move out when I have been living here for a couple years now? One lawyer said since our names are not on there that we can't have the house because our names are not on there. We are wanting to keep it on the family. We have always lived here. Can we go to probate and put our names on the title to the house
A: Assuming that your father was single at his death, you and your siblings should inherit it subject to debts & liens.
1 user found this answer helpful
A:
In a probate case, the petitioner (you, on behalf of your family) will:
1. Gather ALL the assets of your Dad (real estate, bank accounts, tangible property, etc.)
2. Determine any taxes owed (federal and state income tax, real estate tax, etc.)
3. Determine any debts owed (mortgages, credit cards, liens, etc.)
4. Pay-off any taxes or debts (this may require that some assets be sold)
5. Distribute any remaining assets to the surviving heirs
You have not provided enough information about the value of the assets, or the amounts of the taxes and debts to give you a definitive answer. But, the above steps will give you a rough idea.
If you have more questions, then you should contact a lawyer. Thanks for asking!
1 user found this answer helpful
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