QUESTION
What can I do if my dad died he left a small home without a Will?
Asked on May 19th, 2013 on Estate Planning - Colorado
More details to this question:
My dad died he left a small home. I have an older sister and a step-sister by my father wife that died 10 years ago. I want to live in the house not sale do I have that right (not his child).
13 ANSWERS
Personal Injury Attorney serving Midvale, UT
at
Arrow Legal Solutions Group, P.C.
Update Your Profile
Unless there's something else involved, the home will be split between you and your sister.
Answered on May 20th, 2013 at 10:44 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
No, you do not have that right. A probate estate should be started and his property should be gathered up, sold, bills paid and the remainder distributed to his heirs, which would be his children.
Answered on May 20th, 2013 at 10:14 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Someone needs to petition for administration of your father's estate. You and your sister have preference. I'm not clear on the step-sister; is this really a half sister, your father's child by a different mother? Then the three of you are heirs. If a step-sister, then you and your sister own the house, you will need to negotiate with her if you want to stay there.
Answered on May 20th, 2013 at 1:36 PM
3 Awards
Your question is not clear, are you his legal child or not? If not, then you would have no right. Step-children do not have inheritance rights in Nevada. If you are a legal child, then you may be entitled to either have the house sold and split the net proceeds with the other children or buy them out. In any event, it sounds like a probate will need to be opened. If you are a legal child of his and have rights to inherit you may wish to retail counsel to assist you.
Answered on May 20th, 2013 at 1:35 PM
I do not under stand what you mean by not his child. The real property has to go through probate for title to the property to be changed. Your father's natural children and those he adopted will share equally if there is no Will; they all have the equal right to live in the house. You should look at the Nolo Press books on estate problems.
Answered on May 20th, 2013 at 1:34 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
YOu may be able to buy any other beneficiaries share of the home and keep it.
Answered on May 20th, 2013 at 1:34 PM
Sanford M. Martin
If only your father's name is on the property deed, probate court will be required. Florida intestacy law will decide who shares in his property. The purpose of a will is to express a person's intent about heirs; without a will, the law of intestacy governs which descendants will inherit property. All children are treated the same.
Answered on May 20th, 2013 at 1:33 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Obtain the assistance of a probate attorney to file a petition for small probate, so you and your sister can obtain title to the property; of course your sister may ask you to buy her interest out, if you want to keep possession of the house; or she can compel a sale of the property and division of the proceeds. The step sister is not entitled to anything, so you don't have to consider her.
Answered on May 20th, 2013 at 1:33 PM
You will need to check the intestacy laws of the state your father resided in at the time of his death. Often the assets of the decedent?s estate are sold and the money divided equally between the heirs. A wife and surviving children by birth or adoption usually have precedence over other family members. If you are considered an heir, you may be able to purchase the other heirs share of the house from them.
Answered on May 20th, 2013 at 1:32 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
It is not clear what your situation is. First, you say your dad died and then you say you are not his child. You would need to clarify the situation and since your home could quite literally be at stake, I would meet with a probate attorney.
Answered on May 20th, 2013 at 1:32 PM
The house will have to be probated along with his other assets. His children will share equally.
Answered on May 20th, 2013 at 1:31 PM
2 Awards
If you buy out the other shares you can stay there, or if they agree you can stay, you can stay. IMMEDIATELY see a probate attorney to help make sure the estate is handled properly.
Answered on May 20th, 2013 at 12:32 PM
No, unless you can work out an estate settlement agreement.
Answered on May 20th, 2013 at 12:32 PM