What happen if a person dies and have a house but he did not have a living well how can his kids can put that house on their name?

Question

This man dies, he has a house he did not make a will now his children don’t now what to do. Or how long will it takes, if they have speak with a lawyer or go to court. They worry because they cannot even pay the insurance of the house or the taxes. What can they do?

Dara J. Goldsmith · Answer

More than likely, they will need to go through some form of a probate proceeding.  If the house is located in Clark County Nevada they may want to see if they qualify for services  through Legal Aid Center of Southern Nevada for a pro bono attorney.

James Oberholtzer · Answer

If the house was titled just in the parent's name, then they can either open a probate if it was worth more than $200,000 or use a small estate affidavit to sell the house, pay the estate creditors and they get to keep what is left.

Laura Gabel · Answer

If the decedent's name is the only one on the deed to the house, his heirs need to open a probate estate and have a personal representative appointed.  That personal representative can then arrange to sell the house.  I would suggest that the children contact a probate attorney for assistance.  Good luck.

Erven Nelson · Answer

It depends on how the title to the house is written on the deed, and whether he was married at the time of his passing.  You should call a lawyer to help look up the title and consider your options.

Dera Johnsen-Tracy · Answer

In Wisconsin, if you die with assets titled solely in your name with a total value of more than $50,000, then your estate generally must go through the probate process.  A probate attorney can initiate a probate proceeding for the decedent's (note that the "decedent" is the deceased person) estate and ask the court to name one of his children as the personal representative of the estate.  It may be necessary to sell the real estate in order to pay the expenses of the estate and other debts of the decedent.  However, as soon as a personal representative is appointed, this person will have the power to hire a realtor to list the property for sale.  After the property is sold, and after all expenses and debts have been paid, the amount remaining in the decedent's estate will then be distributed to his heirs at law.  Assuming the decedent was unmarried at the time of his death, then his heirs at law are his children, in equal shares.  If there are any deceased children, then that child's share will be distributed to such child's descendants, if any.  The probate process takes, on average, between 9 and 24 months to conclude.  Therefore, you should contact a probate attorney as soon as possible to get the process started.

Victor Waid · Answer

Please advise them to obtain the services of a probate lawyer, who can be paid out of the value of the estate, who will file a petition into probate court for an order eventually transferring title to them.

Christine James · Answer

Get to an attorney immediately.  A probate is necessary and it sounds like if they cannot pay expenses, the house will have to be sold.  An attorney can help them so they at least don't lose the house.  Probate attorneys are paid from the estate at the end, so there will be no up front fees needed to pay the attorney.  There are some court costs involved, but many attorneys will advance those costs as well.  Don't wait until it is too late.

Mark T. Peters · Answer

It is not what they can do, it is what must they do.  They must file a probate case.  Once that is done, the personal representative must pay the estate's bills and then distribute the proceeds to the heirs.

Kelvin Green · Answer

The estate is responsible to the insurance and taxes. If he did not have a will, the children should see an attorney and file probate, the house will pass via intestacy but it is a process they do not want to do on their own.

Jayne Sebby · Answer

It would be good to have an initial talk with an attorney to see if the estate is large enough to go through probate.  If there is no will, state statue will determine who inherits the decedent?s assets after all of his bills and debts are paid.  If the children do inherit the house, they can sell the property and split the income if they choose to. There is no obligation to accept an inheritance.

Theodore W. Robinson · Answer

They need to speak to an attorney who will file an Administration for them in  Surrogates Court in order to get the deed into their name - so they can sell the  house and distribute the money from the sale, if any exists.

Bernard H. Greenberg · Answer

The house will be probated. To do that, a probate estate must be opened. Consult with an attorney specializing in estate administration for further information.

Brian Haggerty · Answer

One of the kids should petition the court to be appointed administrator of father's intestate estate. That person will then be able to put the house on the market and sell it. If there is really no cash at all in the estate, no life insurance, no retirement plans,  nothing, then take up a collection and get insurance on the property.

Richard Keyes · Answer

Please see an attorney to resolve this probate matter.  You should have your father's death certificate as well as the deed on the property which will have the legal description of the real estate.  The attorney will want to know if your father was divorced or widowed at the time of his death. If widowed, the date of death of the spouse.  You should also have the names and addresses of all the children.  Depending on the value of the house, you may be able to do a small estate affidavit or have to do a full probate estate.  See the attorney for all the details.  When you make the appointment, see if there is no charge for the consultation.

Ben Liu · Answer

The father's estate will have to be probated.

James Maguire · Answer

They need to find an attorney who can handle this. If they don't have the financial resources to pay for insurance, etc. then the house may have to be sold.

Thomas Edward Gates · Answer

Is there a spouse?  If so, she would be the proposed Administrator, unless she declines.  If no spouse, any children can be appointed Administrator. There is a petition and Order submitted to the court for the appointment. It is in the estates best interest to retain an attorney to assist you in the probate of the estate.

James Frederick · Answer

This needs to go through probate. There are ways of doing this relatively inexpensively, but there are expenses that cannot be avoided. It sounds like the best bet would be to sell the house, since it appears that the children cannot afford it.  Something should be done as soon as possible, however, because delaying may result in penalties and interest related to property taxes, and the insurance company is unlikely to cover any claims made on the property, since their insured has passed away.

Roman Aminov · Answer

They should speak to an estate planning/probate attorney. They may, or may not, have to go through probate court to transfer the home..

John Brennan · Answer

The children the most definitely need to speak with an attorney, and if they remain minors, will have to have a Guardian and conservator appointed by the probate court.

Kathleen Delacy · Answer

Estate has to be probated but if bills, house may need to be sold, as part of the Estate.

Norman Green · Answer

One (or more) of them must file a petition for probate.  It can be sold in probate.  Get a lawyer.

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What happen if a person dies and have a house but he did not have a living well how can his kids can put that house on their name?

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