How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TJ, Esq. Your Own Question

TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 9763
Experience:  Licensed to Practice Law
9373668
Type Your Estate Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

My dad died and had no will. I am his only child. He has a

Customer Question

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.
Submitted: 1 year ago.
Category: Estate Law
Expert:  TJ, Esq. replied 1 year ago.

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., Attorney
Category: Estate Law
Satisfied Customers: 9763
Experience: Licensed to Practice Law
TJ, Esq. and 7 other Estate Law Specialists are ready to help you
Expert:  TJ, Esq. replied 1 year ago.
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 1 year 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?

Expert:  TJ, Esq. replied 1 year ago.
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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.