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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54541
Experience:  Attorney with 29 years of experience.
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Hello. Im sending this email in regards XXXXX XXXXX Father deceased

Customer Question

Hello.
I'm sending this email in regards XXXXX XXXXX Father deceased and my father's estate will go into probate due to no will on record. I have been residing with my father for many years and would like to know what are my rights as to me still living in his house. i do have another sibling who resides at another addres but he has been intruding into my fathers home. I am going to the extreme by changing the locks on the door to stop him from coming into my fathers home. I would like to know where do I stand legally by stopping him from intruding without permission. What legal rights do I have since I've been residing at my father's home for many years.

I am sending this email to this website due to me not being able to afford legal counsel.
Submitted: 6 years ago.
Category: Legal
Expert:  Richard replied 6 years ago.

Good morning. If your father died without a will...and I'm presuming now that you and your brother are the only children and that there is no surviving spouse and neither of your father's parents is alive, then under CT's intestate succession laws, you and your brother inherit this house (and it's contents) in equal shares. One of you will need to petition the probate court to be appointed the executor of your father's estate so that person has the authority to transfer ownership of the house to the two of you.

 

Now, because you have lived there for years, you would be considered a month to month tenant. As such, after someone has been appointed executor, that someone can terminate your tenancy with a 3 day notice. So, it's important that you petition the court to be the executor. Because then you can stay until the property is distributed.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard and 7 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
How do I petition the court to be executor
Expert:  Richard replied 6 years ago.

You would go to the probate court in the county where your father died and file a motion in that court. The probate court will have a court clerk that can walk you through the process of filing this motion.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 6 years ago.
Will I need any documentation to bring to probate court?
Expert:  Richard replied 6 years ago.
You will need only his death certificate.