My dad recently passed away after being in the hospital for sometime in the ICU without insurance. His side of the family has signed a quit deed in order to receive his estate without his childrens (us) involvement b/c my fathers sister had power of attorney while he was in hospital. Because he has children and is not married or remarried what happens to his property inside such as his belonging of clothes, tools, etc? Are we at least somewhat able to fight for those items or do they go to his family automatically if they receive paperwork in their name for his home? I know they supposable bought the house from my dad for a $1 a week before he passed (dec 06) according to his deed however their paperwork said it started in march 06 when he wasnt even in the hospital.?? Any help?
2006-12-30 06:54:10 · 7 answers · asked by OUTLAWS 1 in Business & Finance ➔ Renting & Real Estate
By the way..he doesnt have a will etc.
2006-12-30 06:55:44 · update #1
Im from Michigan
2006-12-30 06:58:32 · update #2
The quit deed states that he signed this paperwork supposeable back in march of 2006 when he was not in the hospital but not actually carried out until dec 01 06 which is a week before he passed away. The only problem with them right now is their is a lien against his property for not paying my mom child support for 2 years because he was unemployeed. The family is well known to do some fishy things but this one takes the cake...They are now over his house 24/7 even thought my brother and myself have representaive of his estate.
2006-12-30 07:03:25 · update #3
You need to contact a probate attorney as soon as possible. Tell him/her that you father has died and you want to probate the property.
He will ask if you would like to be the executor, tell him yes you are his son.
You might also indicate that he has property that is in his name or was prior to him going into the hospital with your aunt to act with a power of attorney in the event something happened while he was there. Since nothing happened you would think that the property was still in tact and nothing had changed.
The reason for going to a probate attorney is they get paid from the estate and normally don't require any up front fees.
He will proceed to probate court,file the proper document to open the probate. He will also be able to locate and find any and all real property that your father might own.
Any irregularities found will be searched out and rectified to the satisfaction of the probate court.
If you are challenged in probate court your probate attorney can handle and all problems that might arise.
I hope this has been of some use to you, good luck
"FIGHT ON"
2007-01-05 22:33:38 · answer #1 · answered by Skip 6 · 0⤊ 0⤋
You need a lawyer and a lot of money to fight this. You have to decide what the payoff will ultimately be if you do win.
The winner will get the estate minus the cost of litigation.
The losert will get the cost of litigation.
How much is this worth to you? Is it worth a lot of money to zero out the estate and make sure they're in debt?
The $1 conveyance sounds shady...especially if your aunt signed it with a power of attorney.
Talk to an attorney and explore your options. I'm not optimistic.
2006-12-30 14:59:32 · answer #2 · answered by Anonymous · 2⤊ 0⤋
You really must get a lawyer. I'd suggest a good one, who is well versed in real estate law and estate law. This sounds really messy.
I'd also consider contacting your state if you need legal help and you can't pay. They can recommend programs that will provide pro bono legal assistance.
2006-12-30 17:55:18 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I am not to familiar with your State laws but in Virginia if one dies without a will.. The estate goes into probate for one year. Which means no one gets anything during this period. Certainly your State has law and provision in regards to heirs. Please contact a lawyer.
2006-12-30 15:04:42 · answer #4 · answered by Winwon (Cherokee Nation) 2 · 1⤊ 0⤋
You need an attorney. IMMEDIATELY! His sister may well be in violation of her fiduciary responsibility with the transfer of the house -- and if the papers were signed after his death the transfer is void as the P of A died when he did.
2006-12-30 14:59:49 · answer #5 · answered by Bostonian In MO 7 · 3⤊ 0⤋
If he doesn't have a will, then what happens to his property will also be determined by state law if you're in the U.S. So if you put where you're from, someone knowledgeable may be able to give you a better answer.
2006-12-30 14:57:41 · answer #6 · answered by Smoky 1 · 1⤊ 0⤋
I think this one call's for a lawyer's advice...could get really complicated....dont fool around....call an atty'....good luck
2006-12-30 14:56:42 · answer #7 · answered by The Emperor of Ecstasy 5 · 3⤊ 0⤋