29Mar/104
My dad passed away 2 days ago, he didn’t leave a will. What happens next?
LadySSKris asked:
There is no wife, and no common law girlfriend. There are only 2 children. And no others that can claim any type of ownership to anything he owned. Also he owes nothing to banks, loans, IRS, or anything. He's debt free. Will we loose his land, houses, vehicles and possessions? What will happen next? I haven't talked with a lawyer because of the holiday but I need a little peace of mind. Thanks in advance.
Allan
There is no wife, and no common law girlfriend. There are only 2 children. And no others that can claim any type of ownership to anything he owned. Also he owes nothing to banks, loans, IRS, or anything. He's debt free. Will we loose his land, houses, vehicles and possessions? What will happen next? I haven't talked with a lawyer because of the holiday but I need a little peace of mind. Thanks in advance.
Allan
April 1st, 2010 - 10:55
Gertrude
It will go through probate, the courts. After all debts are paid the estate should be divided between the heirs.
April 2nd, 2010 - 14:50
Paul
So sorry for the loss of your dad.
The estate will be divided between the siblings. I’m pretty sure though, that since there was no will, (and probably even if there was a will), in order to change things over legally to your names you will need an estate lawyer.
April 4th, 2010 - 13:45
Antonio
someone who dies without a will is said to be intestate. you can hire an attorney and have them petition the court to name you as the executor. if the court agrees they will issue letters of administration. this will allow you to collect your fathers assets and pay off any debts he has. there are laws in existence in most states that help decide who should settle the estate and how any remaining assets should be distributed
April 7th, 2010 - 12:40
Jessie
in ontario, canada, you and your sibling are automatically legat heirs. if the two of you have relatively low wage earners then their should be no capital gains tax.
stateside it’s simply called a death tax.
no matter where you live you need a lawyer. i assume between the two of you there are no real issues.
so both of you spend good money and hire a good lawyer and, i assume he’ll be interned tomorrow.
i’m sorry and good luck.