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My father passed away with out a will. He was married to my…

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My father passed away with...
My father passed away with out a will. He was married to my mother and the owned a home together. He owned some land the was in his name only and a third party. How this get divided ? The land will hopefully be sold shortly. He also had a life insurnace policy and not sure who was named a beneficary
Submitted: 8 years ago.Category: Legal
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Answered in 23 minutes by:
6/18/2010
Lawyer: Richard - Bizlaw, Attorney replied 8 years ago
Richard - Bizlaw
Category: Legal
Satisfied Customers: 10,841
Experience: 30 years experience corporate, litigation, international
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The land that was owned in the name of your father and mother pass directly to your mother as they own the property by tenancy by the entireties. The land that was owned in your father's name alone will pass to your mother if all your father's children are also your mother's children. In other words, you have no half brothers or sisters from your mother. You will have to check with the life insurance policy to see who the beneficiary is. If there is no beneficiary and your father's estate is the beneficiary then the same rule applies if the only children are the children of both your father and your mother, i.e. the insurance policy proceeds would go to your mother.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer reply replied 8 years ago
I was recently asked to some some paper work by my mother via the lawyer ahndling probate and did so but not surewhy I would need to sign paperwork if everything legally went to her ?
Customer reply replied 8 years ago
NO sure if you got my reply ??
Lawyer: Richard - Bizlaw, Attorney replied 8 years ago

There are certain notices that are to be sent to all potential heirs such as yourself. For example to appoint the personal representative, notice has to be given to potential heirs such as yourself. Normally, this notice is waived by the other heirs in a situation such as yours. They can be other similar forms that the attorney needs signed to expedite the process and avoid unnecessary hearings in the court where no one is contesting your mother handling the estate matters.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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