Q: Father passed with no will! Step mother has shut us out of our fathers home. She left him 2 years ago, do we rights?
My father passed with no will and his estranged wife has been selling his belongings and there hasn’t been probate yet. He had a mortgage on the house and HAD very expensive tools. My siblings as well as myself are not allowed, by her, to enter our fathers home. Do we have any rights to our fathers belongings? Can she sell everything when there’s a substantial mortgage on the home? Can she sell before there’s even probate?
A: When someone dies without a will, these things often happen, and can be very difficult to stop. Probate does not happen automatically. Somebody has to file it with the probate court. Any family member can file with the probate court to be appointed as administrator of the estate. The administrator can then change the locks on the house and exclude others from entering. The administrator then prepares an inventory of all the assets and debts, including the mortgage, and files it with the court. A surviving spouse (even if estranged but not legally separated) is entitled to a certain amount of the estate, along with children of the deceased. Use the Find a Lawyer tab to retain a local attorney where your father lived to review the facts and advise you. But if widow sells the personal property before the administrator is appointed, it could be impossible to find out she sold. It could all be gone.
Ben F Meek III agrees with this answer
A: I agree with Mr. Jaap and would add that the probate process is very complex and there is very little chance that a lay person could navigate it successfully, especially if it is contested. Contact an experienced probate attorney in your father's state. Justia can help you find one, and many offer free initial consultations. Good luck.
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