Father died and left no will.

[ashley1042]

My father in-law died unexpectedly last week and left no will. We are wondering where to even start. He left behind a son and a daughter. His daughter keeps saying that the estate will go to probate and they will figure out all of his debts and assets for us. She is in this for the money and wants to sell everything, we simply want to keep the home and the tools and let her take the rest. From what we understand he doesn't have much debt and may have some union pensions and such. We do not understand probate and how long this could take. Is there a way around this? Any advice would be appreciated. Like I said we don't know where to start.

 

[mightymoose]

Start with an attorney. Everyone stands to lose without good legal counsel.

 

[ashley1042]

Is there a free service they offer or could we put that on the estate? We just don't have the money.

 

[darlene]

try to do summary settlement of estates. if your father left no will, has no debts and all of you are mature age, then without securing letters of administration you can divide the estate among yourselves. now, if he has debt then pay it thereafter proceed to divide the estate among yourselves through a deed of partition filed in the office of the register of deeds. its necessary that you agree here because if not you can divide only the property through an ordinary action for partition.

 

[army judge]

There is no we. Your wife, if she s his daughter, may be in line to inherit something. Real property is involved, and you can't just take the home (your wife, that is). The home will most likely be sod, unless you offer REAL MONEY to buy the other heir out.

I suggest you consult an attorney to determine your wife's rights. Or, Google (dying intestate YOUR STATE). You'll see who gets what according to your state statutes.


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