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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32318
Experience:  Began practicing law in 1992
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I am the oldest of 4 daughters of **** and Vivian ****. My

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Hello, my name is Janet ****. I am the oldest of 4 daughters of Edward **** and Vivian ****. My parents have a house (**** Ave, 46208) They are both deceased, mother 2000, father 2009. The deed on the house is in both of their names. My father remarried in 2001, he did not put his new wife on the deed. He did not leave a legal Will, he just wrote down what he wanted done. She is behind on paying the property taxes and we are about to loose the house. I need some help and information on how to handle this. I know the property taxes need to be paid, we will do that, but we want to sale the house. How do we handle this?? Thank You!
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Unfortunately, you have to file for a probate on both their estates.

When a person dies their property immediately becomes the property of their "estate" and to pass title from the estate to the heirs requires a probate. Unfortunately, you have to do two different probates because each of your parents has an estate that needs to be handled.

You will want to find a lawyer to help you with this and you can do that by going to www.lawyers.com and in the section for Area of Practice enter "Probate".

The lawyer will also want to take a look at the paper your dad left to see if it meets the requirements to be a handwritten will. There are very specific requirements.

There are also a variety of types of probate that can be done, some less complicated than others. The lawyer will explain those to you and then go over the details of each of your parent's property that was owned at the time of death and then the debts that were owed. That determines what type of probate is required.

If there is no will then the property passes by a specific set of rules known as "intestate succession" and it states who gets what.

Once the probates are filed then you can likely put the house on the market although the "new wife" may have the right to live there. That also depends on a variety of factors.

Likely when your mother died then your father inherited 1/2 of the house and you, the children, inherited the other 1/2.

Then, when your father died, what happens to his half varies based on different factors but you children would have inherited most, if not all, of it.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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