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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2556
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I would like to know, when a person or persons passes away,

Customer Question

I would like to know, when a person or persons passes away, and a third party, (myself) had been added to the deed of trust on their property, is it necessary as long as Iam still alive to go into probate? My sister and brother in law are both past on, the last was my sister who past 2 yrs ago this past Sept. I thought because Iam on the deed of trust as a surviving owner, that I didn't need to have the property put in my name alone, is this true or not? Also My sister and I had a life insurance policy each to help financially, after one or the other of us were gone, since who ever past first would lose the help of the others income. So my question is also, did it need to go to probate, and if so is there a statue of limitation on a probate? She did have a will, leaving everything to me, since we supported each other...I hope I made this clear.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Idaho
JA: Has any paperwork been filed?
Customer: like what kind of paper work?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that it sums it up. also we were not ever behind in taxes. we both had and have good credit.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 9 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 9 months ago.

HI Andrea: Let's begin. Are the two assets (1) the house; and (2) proceeds from the insurance? Or is there another asset?

Customer: replied 9 months ago.
Her will left everything to me...I live here in the house. what do you mean by other asset? other money or what. ?
Expert:  Damien Bosco replied 9 months ago.

Hi Andrea: The question is whether you owned the property as tenants in common, or joint ownership with rights of survivorship. Most likely, if the deed does not say JTWROS (Joint Tenants with Rights of Survivorship), then her share of the house would have to go through probate so you can get her half through probate of the will.

Life insurance does not go through probate when there is a designated beneficiary. So no worries there.

I was just asking about other assets in case there was something that would have to go through probate.

Customer: replied 9 months ago.
Iam looking at the quitclaim deed right now, that shows lot 10 block 3 ALPINE MEADOWS, according to the plat recorded in the office of the County Recorder in Book E of plats at page 106 records of Kootenai County, Idaho.
Together with their appurtenances. TOGETHER WITH ANY AND ALL AFTER ACQUIRED TITLE DATED 3/13/06
Notary public 13th day of March 2006
Customer: replied 9 months ago.
I forgot to show you where it says, do(es) hereby convey, release and forever quit claim unto James W. Hite, Sr and Suzanne M. Hite husband and wife, and Andrea L. Brooks, an unmarried person (the ladder being me)
Expert:  Damien Bosco replied 9 months ago.

Hi Andrea: It looks like this is tenants in common because it does not say as joint tenants with rights of survivorship so it looks like it would have to go through probate. I know the answer is not quite what you wanted to hear but at least you know now.

We can continue to discuss if you would like to do so.

Customer: replied 9 months ago.
what all does that intake, and is there a statue of limitation, someone told me that it is 3 years, and since she has just past on 2 years ago, what does that mean in regards ***** ***** lets say IF the 3 years had past, how does that effect me, or is that not true?
Customer: replied 9 months ago.
Now how do I go about this probate to get it done and how much does something like this cost? I'm on a limited income, and need to know what I can expect.
Expert:  Damien Bosco replied 9 months ago.

HI Andrea: Probate takes about 6 months to a year, and sometimes longer than that. The cost depends on how large the estate is and if you hire an attorney to help you. Some states say a will has to be probated within 2 or 3 years. I cannot find a limit in Idaho. If you are on a limited income, you can attempt to contact the probate clerk to get forms to file the probate forms yourself.

Customer: replied 9 months ago.
When you say it has to be probated within 2 or 3 years, what happens if its not done within that time frame? Also where or whom do I see to start this probate...or does that start with hiring a lawyer?
Expert:  Damien Bosco replied 9 months ago.

If the probate of the will is not permitted, her assets would pass to her heirs (which is you). I do not think you need to be concerned about it. You would either go to the court to file papers, or hire an attorney to do it for you.

Customer: replied 9 months ago.
in other words, if it was past the (lets say) 3 years, it would mean her assets would go to me, as stated in her will ? And last question, where is it I go to have my sister and her husbands name removed and put in just my name only?
Expert:  Damien Bosco replied 9 months ago.

Hello: If it is past a deadline to probate the will, her share would go to her heirs. The whole reason for a probate proceeding is to have the executor sign the deed over to you.

Customer: replied 9 months ago.
Well Iam the executor of her will....
Customer: replied 9 months ago.
where do I go to have the deed put in just my name only?
Expert:  Damien Bosco replied 9 months ago.

You would file the deed in the county record office for the recordation of the deed.

Customer: replied 9 months ago.
at what time do I do this, before probate is filed or after?
Expert:  Damien Bosco replied 9 months ago.

Hi Andrea: After probate. Possibly speaking on the phone could be helpful to you. We can still continue as a Q&A here, or if you want, we can speak on the phone. I will send you a premium service offer to speak on the phone Let me know your choice. Thank you.

Expert:  Damien Bosco replied 9 months ago.

Hello Andrea: I am following up to see if you still need further help. If so, please let me know. If not, I hope that I have provided excellent service and, if so, would love you to give me a rating between 3 and 5 starts for the service I provided to you. Best regards.

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