When a homeowner with children dies without a will, does the death automatically generate a probate scenario ?
by admin ~ June 23rd, 2007 . Filed under: Law & Ethics .
ironwood9 asked:
I know of a case of a widow who owns her home outright, but lives with her boyfriend, while her adult son physically occupies the home. Her only other child is a married daughter who lives out of state and never visits.
I know of a case of a widow who owns her home outright, but lives with her boyfriend, while her adult son physically occupies the home. Her only other child is a married daughter who lives out of state and never visits.
Is it possible the mom could pass, and the daughter lose out on her half of the home ? The mom has no assets other than the home.
What if the daughter was estranged, and had no communication with her mom, and no one told her she died ?
Brad Soda
June 26th, 2007 at 6:10 am
A person with assets dies, without a will, assets go to probate, thats the law.
June 26th, 2007 at 11:22 am
Probate is the name for the court process of transferring title of property to those who inherit.
It is not automatic. If the mom dies the daughter might lose her interest in the house if she does not assert it, but the title has to be transferred if there is ever a sale. So, he cannot sell the house without probate, and he will have to get her to agree to have the house transferred to himself, or lie to the court.
June 28th, 2007 at 5:19 am
Depends on state law and numerous facts which you have not included in your hypothetical.