Someone I know inherited a house from there mother free and clear and she was the only heir. Can she let the house sit or does she have to contact probate right awy or after she fixes it up and lives in it for awhile.
Anonymous
Favorite Answer
If there is a will the state must follow what it states. If she is named in the will and is the only heir then she could let the house sit or she can fix it up as well as live in it until she is ready to sell. There is no time limit on Probate and not everyone has to go through the Probate process. If she wants to go through Probate, just know that there will people coming out of the woodwork and they could file a claim against the estate.
Does she have a Certified Death Certificate? She will need to contact the Social Security office,find out if she had life insurance, contact the banks and find out all of the accounts that her mother had,notify credit card companies,and find out if she had any outstanding debts, loans,auto loans,etc. If she had a tax accountant she needs to contact them as well. Have her contact the local courthouse and speak with the clerks who handle Probate. They are more than willing to help someone out free of charge. They may have certain hours they are available but she would be getting the correct information she needs to decide what she should do.
LUCKY
If your friend really "inherited" a house, eventually your friend will have to have the title transferred into her name. That will require that all of the decease's debts are paid (including the mortgage, taxes, medical & funeral expenses, and the like), so the creditors do not place liens on the house.
If there is no Last Will & testament, your friend should contact an attorney with estate administration experience, and request that she be made the Executor of her mother's estate.
If there is a Will, the person named in the Will must contact an attorney to probate the estate.
If your friend is already on the title for the home, probate will only be necessary to wind-up the estate and pay-off the mortgage and other debts.
donald e
RUN DON'T WALK THE WILL HAS TO BE PROBATED AND ESTATE TAXES IF ANY PAID. Find a good attorney, and let him handle it, the deed needs to be put into her name after probate and taxes are paid, nothing can be done with the house legally until that point. She cannot refi, sell, and the property taxes will be out in the name of the deed holder and must be paid on time or she could lose the house.
?
Your friend should contact a lawyer and get the estate settled, whether there was a will or not. 12 months after the death, it becomes more complicated.
npk
What do you mean by "contact probate"? Probate is a process.