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How does one find out real estate laws for what happens to a home that was owned by someone who has passed away?

My friend lost her dad not long ago and now she is worried that she will be forced out of the house that he owned by other family members. She lives in Kansas. There is no wife in the picture

Update:

She has sibling and her father was not married at time of death

13 Answers

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  • 3 years ago

    She has good reason to worry but, not about real estate laws. Those laws would not apply. Did the friend's father leave a Will or a Trust? A Will or Trust would dictate to whom the house was bequeathed to - who owns it now. If your friend is not a current owner, then she can be given 30 days' notice to move. If she is a part owner, then she and the others will have to determine who gets to live there and how much the others will be compensated. If they cannot agree, the house should be sold and each gets a portion of its value. If they cannot agree on that, then the lawyers will end up owning the house because by the time they fight about it in court, there won't be any money left for them. It will all have been paid to their lawyers. In those types of cases, the lawyers are usually the only winners. If your friend's father left no Will or Trust, then state law applies. Next of kin may get some or all or none of the assets.

    Source(s): Certified Paralegal, with 25+ years' experience & with Wills & Estates law experience.
  • glenn
    Lv 7
    3 years ago

    This would be under probate laws. Contact a good probate attorney and ask them. It will depend on the state laws and any will.

  • 3 years ago

    NO wife, no other kids, she has the penultimate claim in probate court. She needs to start the probate process.

  • Bort
    Lv 7
    3 years ago

    If the person that passed away had a will or a person named as their Power of Attorney their will document determines who acquires the "estate" which is everything the person that passed on owned, not just the house. If it's in the will that it's to be divided equally between certain people everything must be sold unless they come to an agreement to give it to someone or allow someone to have that item.

    If they did not have a will their power of attorney person makes the decisions. If they didn't have a power of attorney either it's up to the family members to make a majority decision or name someone responsible to make the decisions. There are lawyers who specialize in estates of people who have passed on. She may want to get in contact with one.

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  • 3 years ago

    Who would force her out of the house? Does she have siblings that is able to lay claim to the house./

    Did your friend's fatehr leave a will or trust indicating who would receive the house and other valuables once he is no longer with us?

    This will be a huge major factor as to who would be able to get the house.

    Someone in the family would have contact a local probate attorney to see if the house has to be probated or not. The initial consultant with this probate attorney would not be of any cost to you.

    You might also contact a local legal aid society that would be able to be of legal assistance to you, this agency do not charge for their legal information. If they decided to take on your case, they would base the cost of the legal fees based on your income.

    Since there is no wife involved, the next inline for the house and other valuables of your father would be any children of the deceased father, no matter the number. Each child would be given an equal share of the house. If there are 5 children each child would get 1/5th of the house. If there are three children each child would get1/3rd of the house.

    The probate judge would sign a document indicating the names to appear on the title deed to the house. This document would need to be taken to the county recorder's office to properly replace the children's name on the title deed and remove the father.

    I hope this has been of some benefit to you, good luck.

    "FIGHT ON"

  • Anonymous
    3 years ago

    What does his will say?

    If he didn't leave a will, his estate (including his share in this property) will go through probate, and be allocated amongst any direct family.

    Does your friend have a lease? If not - the owners can give her one month's notice to leave. As a tenant, she doesn't have rights to remain for ever.

  • Kini
    Lv 7
    3 years ago

    Whose name is on the deed? Did he leave a will? Is his estate in probate? The answer depends on the circumstances.

  • ?
    Lv 7
    3 years ago

    It's not real estate laws she has to be concerned with, it's estate laws and probate. Hopefully her father left a will that says how his estate is to be divided. If he did not, the state will decide who gets what. If it is determined that the hous is left to multiple heirs, she has the choice to buy them out and if she can't, then the house will be sold and the proceeds divided among the heirs. The debts of the estate have to be settled first before any distribution of property or money can be made. She should consult a lawyer.

  • Judy
    Lv 7
    3 years ago

    If he had a will, that will be followed for who gets the house, or it it's split. If he had no will, state law directs who it goes to.

  • Anonymous
    3 years ago

    part of what you are looking for will depend on if the dad had a will or not............your friend is the one who needs to look into thngs

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