my mom passed away and the house is only in my dads name, what should we do in case he passes away, so we wont lose the house.
213514
The easiest and most inexpensive thing to do is to put one of the children (you or one of your siblings that you can trust) on the title with your father.  You do this with a Quit Claim Deed.  Most title companies will do this for $50 to $100.  This way, if he passes, the house will not go into probate and be a huge mess.
185449
IF the house is in BOTH of your names, he can try and do whatever he likes but legally he will get in trouble by the courts by keeping you out of your home, that is if you want to be there. If the house is in your name too, go for the house if you can afford it, or ask for the equity in the house.
70465
you most certainly want to receive the house after death. you get a stepped up tax basis. you should have your parents set up a living trust to avoid probate.\n\nsee an estate planning attorney.. the tax savings can be very LARGE>
162934
If you are joint on any bank account holdings, real estate, or other property he had, then you do not need a lawyer.  However, if there things that you were not joint owner of, then you at least have to go to court to havea judge name you the beneficiary.  In my case, my mother was joint on all of my father's ownings, so she did not have to do anything more than present a death certificate to have his name removed from those holdings.  Most such things are actually titled "joint account with right of survivorship".
486421
If it is an unsecured loan, then they cannot use your home, also, if the loan was only in his name, there is no way they can claim the loan off you either!\nThe only leg they have got to stand on is if he lied on the application, but with him dead, there is not much they can do about that either!
83162
Please speak to an attorney. That is the only way to be sure you are getting accurate advice. I am not an attorney. I just know to do this by finding out the hard way. Sorry for your loss. Good luck.
482636
I dont know what your  other doing for this matter.\nIf property was earned by ur father then you are also legal heir.\nIf  its a encestor property then also ur legal heir.\nChek ur fathers will if there is any.\nUr grandma also is legal heir.\nI will suggest that u all shuld sit and stay  discuss and try to stay together and united.\nthis will give lot of support to all of you.\nAT your age it is difficult to take decission take help of your mother or any other well wisher.
147279
My father just passed without a will so I've been through something similar.\nIf there is a will then the law is to follow the instructions of the will. It can be contested but that takes time and money.\nIf there is no will then someone has to send a petition to the courts in his, the deceased, state and request to be appointed guardian/executor of the estate. It is easier to have the "permission" of the other siblings so it won't be contested. Once the court approves the petition then his estate, assests thereof, will be used, sold if necessary to pay off any and all debts the person had. What is left after that is divided between the surviving brothers and/or sisters. Children of deceased siblings are not usually included in the division, but can be. Hope this helps.
199314
if house in both your names you can't do it.  sell the house pay of bills and move 0n with your life.  The father does not want us to be miserable.  have you sought his guidance?  anoint yourself with oil and go on a fast.  He will and does answer prayers.   GOB BLESS YOU
595623
Your best bet would be to make sure relatives take care of this for you ... that's the ONLY way you can be SURE what happens to you.
42935
Sorry to hear about your loss.  You will probably need a probate attorney or talk with your stepmother on getting the items.  Problem:  He married her and she become the first beneficiary without a will.  Technically, everything will go to her.  If there were no spouse, it would be the kids and so on.  But since there is a spouse, work it out with her or hire an attorney and send everything to probate.  You might still not win unless you have witnesses to back up your side of the story.  Legally, she gets everything.
525999
Two ways - the will of the deceased party will usually specify who is the executor - aka, administrator.  If the will does not specify it, or if there is no will, you have to file through probate court to have someone appointed executor - aka, administrator.  \n\nWhy doesn't the Allstate policy have your mother's name on it?  The policy only covers the named party up to their interest in the policy - so if the property is TITLED to her name, and the insurance is "fred smith", then if the house burns to the ground, Allstate has NO obligation to pay, as Fred's name isn't on the title.   The policy SHOULD be written "The Estate of Mary Gray" or whatever.  Go to your Allstate agent, ask them to fix the name, RETROACTIVELY, so they can send a copy to the mortgage company.  \n\nYou could also add The Estate of Mary Gray as an additional insured party, but it's not the best way to do it.  \n\nIs someone living in the house right now, or is it vacant?  If it's on a homeowners policy, you're going to have a problem - as the titled owner is CLEARLY not living in the house. You're probably going to have to move it to a rental policy, or vacant house policy - which will cost more, but still be cheaper.  \n\nYou really need to sit down with your agent and get this straightened out.  If the place burns tomorrow, there won't be anything to sell.
547585
You need to speak to an attorney about your rights and obligations.  Also, why not speak with her financial advisor to find out what, if any, plans are in place concerning your mother's death.
609444
Your mother does have a will, it was just written by the state legislature.  Probate court is not really something you can avoid at this point in this case.  You cannot switch the title to your name without going through probate.
59457
Depending upon the state you live in...in the event of her death (sorry), you will probably inherit under community property laws. In the case of divorce, you just might be out a whole bunch of money. There is, however, some credibility towards you owning at least a piece of the equity based on the amount you pay. If she owned the house prior to marriage, it, generally speaking, is hers unless you end up on the deed. Get a lawyers opinion (sorry again).
487907
Yes they can. If the property is in foreclosure then the loss of value is to the lien holder, not your mother, who will obviously be abandoning the property.
141063
You need an attorney, without a doubt.  You also have to release the funds/property exactly as stated in the will.  Your job is to make it go smoothly, and make sure everyone get's what their supposed to.  An attorney will help you do this legally.  I know I just went through this about 2 years ago.