This depends on how the will was written. If the house were given as a specific bequest, then no, probably not. If the money were given as a specific bequest and the house as a 'residual' item, then maybe, but it depends on the nature of the expenses paid.

Bottom line, you need... View More

technically an attorney is rarely required, but (a loaded question) is always a good idea. essential if it is a contested matter.

Short answer-yes for all probate assets ( without joint owners or beneficiary designations)

If your father died without a will, his wife and his children would divide his property among them according to the state's laws of succession. In my state, for example, the wife would take half and his children would split the other half. Thus, in order to sell the property, the wife would... View More

If there is no joint owner, AND not payable on death designation, then yes, upon death, it becomes a probate asset and needs to be handled accordingly.

--This answer is provided for informational purposes only and does not create an attorney - client relationship. If you need legal advice... View More

Talk to your attorney. They will explain the time necessary for creditors to make any claims against the estate (usually six months) and the other tasks necessary to bring the matter to closure.

Sorry for your loss. Check at the probate court where he passed.

Unless there is a lease or something in writing like a will or trust that offers such a right, there isn't one. The estate's personal representative/executor has an obligation to sell the property for as much as is practical to benefit the estate. The current occupant is the first obvious... View More

Where is your father? He should be the first one to do something about this.. .unless he is no longer with us. If that is the case, speak to the attorney handling his estate and the trustees.

You don't have to be present. Hire a local lawyer. Good luck.

When it happens, if it happens, you may be able to find the information you seek with the help of an investigator.

You're trying to do this yourself aren't you?

That phrase has a specific meaning in state law, but generally it means not only all the persons named in a will, but also 'heirs at law' and even creditors in some contexts.

Seek local legal representation ... none... View More

The attorney handling the estate in the Probate court in the town where the person died and usually where the property is located will be best suited to explain the circumstances when a cy press order MAY be entered and under what circumstances such a deviance may be allowed by the court/Judge... View More

If you were not on the title at the time of death, it may be necessary to go through probate. If the car is the only asset, it will be a very simple case. Meet with a local probate attorney to discuss the details and particulars.

The will may or may not effect this transfer. Meet with a Probate/Estate Attorney to review your case and the particulars.

If you own the home and/or have superior rights to it than that person and they are not your child under the age of eighteen then you may charge rent. Once the house is out of probate rights may change and you may lose your ability to charge rent. If you currently have no rights because the... View More

This blank line is for the type of petition you are seeking to waive the notice requirement for. Because this form is used for different types of petitions (i.e. Petition for Probate of a Will, Administration Petition, etc.), you should fill in the blank with the type of Petition that your upcoming... View More