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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 11878
Experience:  JD, MBA
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My dad died and had no will. I am his only child. He has a

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My dad died and had no will. I am his only child. He has a house and land also he just bought a house. What happens now. I live in MS.

VAMD, Esq. :

Hello and thank you for allowing me the opportunity to assist you.

VAMD, Esq. :

Was your father unmarried?

Customer:

yes

VAMD, Esq. :

Since your father was not married when he passed, and since you are an only child, and since there was no will, then you will inherit all of your father's assets.

Customer:

Even the house he just bought.

VAMD, Esq. :

If your father just bought a house and has a mortgage, then you can take over payments on the mortgage and keep the house, even though your name is XXXXX XXXXX the mortgage.

VAMD, Esq. :

that's supposed to be "not on the mortgage"

VAMD, Esq. :

If you do not wish to pay the mortgage, however, then the house will need to be sold.

VAMD, Esq. :

The mortgage would need to be paid from the proceeds, and if there is any surplus, then you would inherit that.

VAMD, Esq. :

Does that answer your question(s)?

VAMD, Esq. :

Please let me know if you need any clarification. Also, though I didn't mention it earlier, please accept my condolences on the loss of your father.

Customer:

Will I have to go through probate on any of this because i live in mississippi

VAMD, Esq. :

Yes, unfortunately, you will need to go through probate if the assets in the estate are more than $50,000, which is likely the case if your father owned land and two houses.

VAMD, Esq. :

Through the probate process, the real estate can be transferred to your name.

Customer:

I will need to go back to the lawyer he used in closing to get this started. He closed on the house last Friday. I had to put him in the hospital on Saturday and he died on the 26th

VAMD, Esq. :

Oh, I'm so sorry. Yes, I would go back to that attorney to see if he can help you open probate and move forward with this.

Customer:

Thanks for you help. I really want this house and don't want to loose it. My credit will not let me get the loan.

VAMD, Esq. :

I see. Fortunately, federal law allows you to keep the house without refinancing it in your name so long as you make the mortgage payments.

Customer:

That will work! I will get to the lawyer this week. thanks again.

VAMD, Esq. :

You're quite welcome. Thank you for using our service!

Customer:

One more question. You said the mortage would need to be paid from proceeds. I'm not real clear what you mean?

TJ, Esq. and 5 other Estate Law Specialists are ready to help you
Hi again.

I just saw your follow-up question. I apologize for the wait.

You asked: "You said the mortage would need to be paid from proceeds. I'm not real clear what you mean?"

I meant that if the new house is sold, then the mortgage will need to be paid from the proceeds of the sale. In other words, you do not get the house free and clear without the mortgage lien.

Does that help to clarify?
Customer: replied 3 years ago.

VAMD,Esq. My dad had a will I need not know about. I don't have the orginal but I have the copy the lawyer who drew it up had. Does this help?

Hi again.

You can probate a lost or destroyed will, but you'd have to be able to prove the following: (1) the existence of the will; (2) evidence of its loss or destruction; (3) proof of its contents; and (4) that the testator did not destroy the will with the intent to revoke it. The copy of the will and the fact that the original cannot be found would likely be proof (1), (2) and (3). Proving (4) may be more difficult since one way to revoke a will is to destroy it. Accordingly, the court could rule that the missing will is evidence that your father intended to revoke it. On the other hand, if a person other than your father had the will last, then the argument can be that that person lost it, and that it was not purposely destroyed by your father in an effort to revoke it.

However, all of that is moot if you are the only heir. You get everything without a will. The only thing a will can do is take property away from you.