Estate Law Questions? Ask an Estate Lawyer.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. My condolences for your loss.
Did your friend have any family?
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Did you friend have family?
Thank you for the additional information.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, without a will your friend's estate would pass through intestate laws. These statutes would require your friend's estate ould go to his mother, as his surviving heir.
That means that his mother can initiate probate if she wants and take title to the home. You can buy it from or she can gift it to you, if she wants, but, from a legal standpoint, you will need to address the mother's rights to the assets in the estate.
Of course, any personal property in the house which is yours, remains yours.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
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I am sorry, but unless he wrote it in a last will, such a promise is not enforceable. You are going to need to either find a validly executed will or deal with the mother.
The insurance is paid to you, as the named beneficiary, outside of probate. It is yours.
What cost do you mean?
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