QUESTION
What can we do if my father has no will? How?
Asked on Jun 11th, 2015 on Estate Planning - Oregon
More details to this question:
My father is at the end stage of his battle with cancer and he has no will. he has 2 children myself and my sister. What do we do, he owns a home and has a couple of cds in the bank.
17 ANSWERS
He should form a trust.
Answered on Jun 17th, 2015 at 2:10 PM
Michigan has laws that state where his assets go if he does not have a Will. Essentially, the State makes a Will for him. If there is no surviving spouse and you and your sister are his only children, then State law says his assets are divided equally between the 2 of you. You will need to start a probate proceeding in Probate Court to have a personal representative appointed (either you or your sister, probably) just as you would need to do if there was a Will.
Answered on Jun 17th, 2015 at 2:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest you confer with an attorney immediately as long as he is still lucent and capable of contractual capacity. If he is not there is little if anything you can do and the property will have to go to probate.
Answered on Jun 17th, 2015 at 2:10 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Consult a probate lawyer to represent you in a probate proceeding to obtain the title to the residence and the CDs. Fees are set by state statute in California, and the lawyer is paid at the end of the case; you may be required to advance court costs for the filing of the petition into probate and so forth.
Answered on Jun 17th, 2015 at 2:10 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If he dies without a will, his assets will go to his children. If he is still mentally competent, he could do a will.
Answered on Jun 17th, 2015 at 2:10 PM
If you father is still legally competent, he can still have a will drafted and sign it in front of witnesses and/or a notary (depending on the state's laws). If he's in a hospital or hospice, the social worker can help with this. If he is no longer competent, the state's intestacy laws will determine how his estate is distributed after all debts are paid. The order of beneficiaries is usually: surviving spouse and minor children, adult children, grandchildren, etc. If there are no descendents, the surviving parent(s), then surviving siblings are the next in line.
Answered on Jun 17th, 2015 at 2:10 PM
Before he dies, your father needs to do some estate planning. It would be best to set up a trust and place all assets, including the house and accounts, into the trust. He could name you two as the beneficiaries and successor trustees to take over after he dies. If he doesn?t want to do a trust, he could transfer the house to you now and mark the accounts so that they pass to you upon his death.
Answered on Jun 17th, 2015 at 2:10 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If your father wants his estate to go equally to you and your sister, then all will be well, that will be the outcome if he has no will (and if he is not married). So, I would not trouble him about this. If he wants to do a will, contact an attorney do not use online forms, they may not be appropriate for Oregon, and the proper signing and witnessing of a will is crucial.
Answered on Jun 17th, 2015 at 2:10 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You will hire a lawyer to file a petition for probate. Assuming that he is not married and never had other children (or if he has deceased children, they are not survived by any issue), you and your sister will each get half of his estate.
Answered on Jun 17th, 2015 at 2:10 PM
I am sorry about your father. You will need to file a probate to administer his estate as an intestate estate, that means for someone who passes without a will. Contact an attorney who specializes in estate matters.
Answered on Jun 17th, 2015 at 2:10 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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YOu do not have to do anything Michigan law states that if he is not married your siblings are you are his heirs at law and inherit his assets.. Given your description you will probably have to file a probate estate to clear title to the house to sell it though., Albeit the bank accounts may have a payable on death clause and specific named beneficiaries.
Answered on Jun 17th, 2015 at 2:10 PM
Thomas Edward Gates
If your father dies without a will, he dies intestate. Assuming no spouse, his estate will go to the children in equal shares. Because of the house, his estate will have to be probated.
Answered on Jun 17th, 2015 at 2:10 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Without a will or a spouse, his estate is divided equally between his children.
Answered on Jun 17th, 2015 at 2:09 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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As the owner of real estate at the time of death you or your sister must open a probate. A probate is required to deal with the real estate. Without a will your father's assets are divided evenly between you and your sister (assuming there is no living spouse).
Answered on Jun 17th, 2015 at 2:09 PM
3 Awards
When he passes a probate will need to be opened. Since he has no Will and no spouse, the two of you will be the beneficiaries. I urge you to seek legal assistance.
Answered on Jun 17th, 2015 at 2:09 PM
Edwin K. Niles
Upon death, you will have to open a probate proceeding in order to pass title.
Answered on Jun 17th, 2015 at 2:09 PM
If your father is still legally competent, quickly he should hire an attorney to prepare a living trust and a Will. If it can all be prepared and signed up quickly it will save you all a large amount of expense and stress.
Answered on Jun 17th, 2015 at 2:09 PM