Can you move into a house that is still in probate?

A friend and his family are wanting to assume the mortgage, move into the house and do some remodeling that should go to them after probate, is that legal to do before probate is over?

There was no will but the friend is the deceased's next known heir (his oldest son) and he was not married or living with anyone at his time of death

astranot said:

A friend and his family are wanting to assume the mortgage, move into the house and do some remodeling that should go to them after probate, is that legal to do before probate is over?

There was no will but the friend is the deceased's next known heir (his oldest son) and he was not married or living with anyone at his time of death

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Based on what you've shared, there wouldn't seem to be anything inherently illegal about it, but there may be concerns that need to be addressed before such a decision is made. Your friend should speak to a local estate planning attorney for guidance.

astranot said:

A friend and his family are wanting to assume the mortgage, move into the house

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What does "his family" mean (i.e., who are the family members at issue here).

astranot said:

and do some remodeling that should go to them after probate

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The "remodeling . . . should go to them after probate"?

astranot said:

There was no will but the friend is the deceased's next known heir (his oldest son) and he was not married or living with anyone at his time of death

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So...the deceased is your friend's father? If your friend's father was not married at the time of his death, then his estate (after payment of estate debt and liquidation of assets if needed) will go to his issue (i.e., lineal descendants). Did your friend's father have any other children? If there are any other children who died before the father died, did any of those children have children of their own?

astranot said:

is that legal to do before probate is over?

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It's not illegal, but it's entirely up to the executor/administrator of the estate. Who is that (not a name)?