Saturday, August 21, 2010

I need legal advice about my fathers estate?

my father passed away recently, but was in the middle of a divorce with my step mom, he had filed for divorce a few months prior and taken her name off of all his bank accounts. he had a life insurance policy as her as the beneficiary. she has moved back into his house, my siblings and i are very concerned because he owes so much on the house and we know she isn't able to make the payments on it (she doesn't work) she has no income right now, we are afraid she will lose the house before we are able to sell it. you see her laywer says she probably won't be able to do anything with the house as far as putting it up for sale until his estate is settled and it could take up to 1 year. what do we do in the meantime, she will let all of his assets go back to the bank.I need legal advice about my fathers estate?
I was going to say what Fox said.He is right. I am sorry about the passing of your dad.I need legal advice about my fathers estate?
If they were in the middle of a divorce and it was not final...so sorry you are screwed...unless there was a will.
Here's the thing. If there was LEGAL seperation filed before the divorce she is still his wife..... period. Take her name of bank accounts and such means nothing without that. The insurance payout she gets as long as he did not take her off of it.





You said before ';we'; can sell it. To what aim? That you get some money? Probably not since you said he owes so who is going to assume the debt should you get the house. Even if there was a clear will this could end up in probate (which your lawyer is refering to) and it would take forever. No living trust or anything? The government is going to take a huge slice in taxes and again who is going to assume that debt?





This happened in a part of my family. A couple of my cousins made a big deal about ';the house';. When all was said and done they owed $130,000. And the wife got everything else. So that is the flip side...... as his wife she assumes his debt.





I'm just saying consider carefully and get all of the facts. If anybody has any thoughts of harassing this woman it will help her case. Keep it legal all of the way.

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