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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!
Good morning. First, let me tell you how sorry I am for the loss of your father. Having lost my own dad a few years ago, I know what a difficult time this can be. I will certainly keep you in my prayers!
Unless the real property is owned by your parents as joint tenants with right of survivorship, in which case it would vest automatically in your mother upon your dad's death outside of probate, the will does need to be filed for probate to allow the administrator to legally have the authority to transfer the title to the beneficiaries named in the will. If your mother is the named administrator and she is unable to serve, then the next person in line would be anyone named as the successor administrator in the will. If no one is named or any named person is unable or unwilling to serve, then you could certainly file the will for probate and ask the court to appoint you. As a son, you would certainly be an acceptable administrator to the court.
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I just wanted to let you know that I will be away for a few minutes while I take my puppy outside. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.
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