Q: Hello I live in Ct & so did my dad when he was passed away,with no will. How do me my mom & sister claim ownership?
To his home he bought in Puerto Rico.
A: You have to file a petition to administer the estate without a will with the probate court in the district where he lived.
A: Your mother, if she was married to your father, would typically file a petition to be appointed as "Administrator" of your father's estate. This is done at the probate court for the town where your father resided at the time of death. A death certificate is required, as well as the names and addresses of spouse and all children. You or your siblings can file the petition as well, but it often the wife who signs. After reviewing the petition, the court will notify all heirs of a hearing or opportunity to object to the appointment. If there is no objection, the petition is granted and then the newly appointed Administrator may access accounts and gather all the assets to distribute to the heirs at law, which would be your mother, your sister and you. Spouse gets first $100k, and 50% of the balance; the children get the rest. If the children are from another relationship, then the estate is divided 50% to the wife and 50% to the children.
For Puerto Rico property you would have to pursue probate in Puerto Rico using a Puerto Rico attorney.
Typically this is called ancillary probate, which would follow any probate started in CT for CT assets.
Even if there is no CT probate, you would have to speak with a Puerto Rico attorney about starting probate in Puerto Rico for the Puerto Rico property.
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