Is there a way to avoid opening an estate?

Question

Heres the story. My mother passed away in August. My dad took her name off house deed and had intended to do a quit claim deed for me-- he died before this was done in Dec and there was no will. I am only child -- no other siblings-- lawyer told me have to go to probate court to get house in my name-- I dont think I can afford all that.. is there a way around this since im the only child -- or do I have no choice?

To give you a good picture-- only property to go in is house and then bills. No checking accts nothing else. Only house.

Also another question-- will they make me sell the house to pay off his bills? I reside in Ohio if that helps.

Answer 1

Before opening an estate, verify that your father did not sign the house over to anyone else while he was alive. Check property records BEFORE doing anything and check to make sure that an estate has not been opened in the county you live in (or anywhere else, if necessary).

Answer 2

Probate is the legal process by which the court determines if there is a will, and how the person's estate should be distributed (either as per the will, or otherwise if there is no will).

You cannot avoid probate, other than to say you do not want to inherit anything.

However, if there are no other heirs, and nobody is contesting the inheritance, then the court can handle the probate pretty much on its own. You shouldn't need more than a couple hours of an attorney's time -- or you can just go to court yourself.

It would only start to get complicated if other people challenge what the court decides.

Answer 3

Cora.. is correct. Unfortunately, if your Dad died without a Will, you may not inherit everything. It depends on your state's laws on intestate (without a Will) succession. Your state will dictate exactly how your Father's assets will be divided and if/how his bills are paid. This is where an attorney can come in handy. If you (from your father's estate assets, including the house) are responsible for payment of certain bills, expenses of his last illness, credit cards, etc., the lawyer should be able to negotiate with the creditor to pay a lessor amount.

You will eventually need the house in your name and that unfortunately will require a court action. Better just bite the bullet and open the estate.

Good Luck. By the way, I'm not an attorney so just take my advice with a grain of salt....

Answer 4

Sadly if there was no will, you will probably have to probate it. They make you do that just in case some long lost child comes crawling out of somewhere to try and claim some kind of beneficiary rights. (It's kind of stupid when you know there wasn't any but you never know.) You have to post a notice for 90 days in your local paper and file a copy of that as proof with the court and then if no one tries to make a claim, a judge will sign the papers to make all the property officially yours. Too bad there wasn't a will. Good luck. I'm sorry for your loss.

Answer 5

if there is a value to the house that exceeds $10,000(i think),you have to go through probate. check the laws in your area,unless it is a condemned house i would say you have to probate it. most lawyers will help you.

in Ohio,you can avoid probate in some cases,probably not in your case the value of the house would exceed the limit. As far as the bills owed,if you can put them off for a year you are clear,there is no set time to take care of the house,as long as their is no mortage. search findlaw for more details.