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Ok, so here is the situation My father passed away 3 weeks…

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Ok, so here is the...
Ok, so here is the situation:
My father passed away 3 weeks ago. He was divorced from my mother and had three adult children (myself included...of course:-)

He had a home that's valued at roughly $330-$350K with a remaining mortgage of $78,000. My sisters and myself will be getting enough money from his pension and salary to pay the mortgage in full. Here is where it gets tricky-
My father had a girlfriend who lived in the home with him when he died and now she's refusing to leave. How do we settle that?
Also, considering that my sisters and myself are on the same 'page' and we've agreed that selling the house is not an option, should we probate his estate anyway?

FYI-The property and my sisters and myself, his next of kin, are all based in NYC.
Submitted: 8 years ago.Category: Estate Law
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Answered in 10 minutes by:
6/26/2010
Estate Lawyer: dkennedy, Attorney replied 8 years ago
dkennedy
dkennedy, Attorney
Category: Estate Law
Satisfied Customers: 6,009
Experience: Attorney at Law
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dklawyer :

Hello, Your question is--should you probate the estate. Even if you do not sell the house, you have to probate the estate because of the real estate and the value of the estate.

dklawyer :

As for getting the girlfriend to move out (as long as you are sure she is not on the deed) then you would have to go through the regular eviction procedures.

dklawyer :

I'm not sure how you are going to get his salary as you state, but if the pension lump sum is to go into the estate, instead of a beneficiary, that would also increase the size of the estate.

Customer:

So how long should we expect to go through the probate process? And how do we start the procedure? My sister has already been appointed the administrator of his estate so...I guess my question is what do we do from here? Also, are we to pay an attorney before the process starts or can we agree to pay them the entirety of fees after things are settled?

dklawyer :

I would have no way of knowing about how long this would take. You mentioned pension and salary. What salary are you talking about? And, do you know who is the beneficiary of the pension money, and how it is to be paid?

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