wifes dad has our house in his name,my wifes name was on it before,what happens now with no will?

Question

we have been paying this house for 5 years and both of their names were on it up until a year ago to get a better rate he recently passed away without a will what happens now?

Answer 1

I would get an attorney really fast. This way they can look up the contract that your father in law had with the loan company and see if they wrote something up about what would happen if he died.

With the market the way it is now I don't think the company would have a problem putting your wife's name back on the contract.

Answer 2

Was your wife's name on it when he died? Depending on what state your in, it could go different ways, but basically, it will have to go to probate Court. (anyone who dies and owns property usually has to go through probate) During the probate the Court will appoint an executor of the estate. This person will be responsible for making sure that bills get paid etc. If there is still a mortgage on it, be SURE it gets paid. Also check to see if he had a protection plan on it that would pay it off in the case of his death. A lot of people have that these days. If your wifes name was on it, then the Court can help you make arrangements with the mortgage Company to remove his name and have it continue in just hers. If he had a spouse, keep in mind that she will have part interest in it as well, but if she is the mother she can simply sign that over to you. Basically, it will get complicated and most people hire an attorney to probate for them. Here is SC it usually runs around 900.00 for a basic one, but it will be money well spent to have things all squared away. If you decide to do it on your own, contact your local Probate Court office which can be found in your Counties Court House and ask them for the packet to get started on your own and also for any useful information they have that could help you. It can be very daunting and complicated and usually takes at least 9 months to 1 year to complete, so if there is anyway to afford it, pay someone else who knows what they are doing. GOOD LUCK!
Just as a side note: in most states if a person dies without a will, their estate is divided up as follows: 50% to wife-the other 50% divided up amongst the children equally, this does not include step children, but as I said each state is different so this is why an attorney will be able to help you better. Hope this has helped!

Answer 3

If the will does not pass his part to her get a lawyer to make sure that happens correctly.