What happens if a deceased persons property if there is no will?

Question

My father died almost a year ago, he left no will, he had a house, a building, and two cars. I didnt have the money to get a lawyer at the time so I am wondering what will happen to the property if nothing is done. I am his only surviving relative and I live in the state of Missouri.

Answer 1

as a general rule (i cant say for the state of Missouri), but if a person dies intestate his estate will be passed to his/her children. as the only living relative, everything should go to you.

Answer 2

Until someone challenges what has been done or is being done, then nothing happens and you do as you wish. Legally however the estate should have passed through a process called probate. This simply means that the Court applies the laws of the State and distributes the property accordingly. Even then you would likely inherit the entire estate. It may not be to late to due the right thing, and likely avoid back taxes and fees. Contact your county's probate court clerk, probably Chancery. It shouldn't be too expensive.

Answer 3

If you are the only heir the property will probably pass to you. However, last expenses, debts and taxes will have to be paid first. That you have no money for an attorney should not be a problem. The attorney's fees and court costs as well as debts, taxes, funeral, etc. should all be paid from your father's estate. An Attorney should be willing to wait for his fee until the assets are liquidated to cover it.

If the house and other property is not being rented or taken care of by someone nearby, it's likely that vandals are or will steal anything of value.

The law of the State your father died in will decide all matters to be settled. You should not even have to be there. It's best to contact a probate attorney as soon as possible. You may have to go to town to hire one. The Court will probably appoint you as Estate Administrator, and the Attorney should tell you your duties and secure the death certificate, unpaid bills, get appraisals on the property, etc. Someone needs to go through your father's papers to make sure all assets and debts are known. A good Probate Attorney is imperative. If you cannot, or do not wish to serve as Administrator of your father's estate, the Court can appoint a local Bank to serve in that capacity.

The most important thing to do first is get an Attorney who has experience working with estates. Just any attorney could drag the case out indefinately, so be sure you get a probate Lawyer.

Death and other taxes will accrue from the date of death, so if not paid in a timely manner, the Estate might have to pay penalty and interest.

Remember this, however, you are not personally responsible for your father's debts, taxes, fees or funeral. All those things are charged against the assets of his estate. If you have taken possession of any of the assets, they are subject to the above. If the estate assets are not sufficient to cover all expenses, it goes into bankruptcy, and is settled that way. The Court will decide who gets paid first out of the cash/assets in the order of debtors' rights laid out in the probate laws of the State.

Most libraries have a section of reference books on matters of Probate for each State of the Union. You could check that out to familiarize yourself in advance and be a little knowledgable when you talk to the Attorney.

It's complicated, and the matter should be dealt with at your earliest convenience. I worked as an Estate and Trust Administrator for many years. The colder the trail of facts about an Estate gets, the more difficult it becomes to resolve.

My best advice is: Don't wait any longer.

Answer 4

It goes to the.estate , which is you , You go to the courthouse to file claim for his estate. They will tell you what you to do to get it all in order to be in your name. People think that it so hard but the tax accessor is always more than willing to give you all the help you need. There is a county attorney and he will get everything straightened for you for no charge. You need to have your Birth Certificate and all the proof they need to prove who you are, they'll look up everything for you. He may have a bank account, savings at his bank. I really don't know if it is a small town, how they handle the money at the bank, I think is where you may have a problem because your name isn't on your Fathers papers. Just go the courthouse the county atty. will help you out with everything you need as far as his property and tell what to do at the bank. Lots of Luck.

Answer 5

Different states have different rules on where your property goes, but in virtually all states a parent's property goes down to his children in equal amounts. If you are his only surviving relative you have nothing to worry about and his property is certainly all yours. One clarification: you do not need a lawyer to write a will. All you have to do is write down what you want to happen to your property, and then sign it in front of a couple witnesses and a notary public. Even if it isn't the best legal writiing, that should be sufficient to get your intentions across.

Answer 6

First they are going to seem to the persons will. If there's no will, the resources will in all probability finally end up in State court docket and a choose will make certain what takes position to the resources. it is a question for a criminal professional if the cost/income diagnosis works out.

Answer 7

I can"t answer for MO., in FLA. the estate goes into probate so some lawyer can grab him some goodies.But my dear wife out smarted them by having our property titled in both names with right to survivorship.When she was taken by cancer(Please quit smoking),I became the sole owner.I wish you luck!

Answer 8

It,will go before a juge but you as the sole relative should get it but go an pay the taxes on it so the state can not sell it