Inheritance Without A Will
Summary
If a parent dies without a will, their estate is distributed under intestacy laws. Unpaid mortgage or taxes must be addressed promptly to prevent foreclosure or tax sale. Open probate in the county where the deceased lived, appoint an administrator, and negotiate with lenders or tax authorities. Consult a probate attorney for guidance.Full Conversation
Erica
Got it. What’s your legal issue or concern, Erica?
My dad died in April didn't leave a will now the bank is trying to take the house that was left to me what to do
If your father didn't leave a will, his estate will go through Pennsylvania’s intestacy laws. Here's what you can do:
- Open probate: Go to the Register of Wills in the county where your father lived to start probate.
- Appoint an administrator: A court will name someone to handle his estate (could be you).
- Address the mortgage or debt: If the house has a loan, you may need to pay it or negotiate with the bank to avoid foreclosure.
Do you know if the house was solely in his name, and are you listed as an heir?
] I don't live in Pennsylvania I live in Ohio
Ohio's intestacy laws will apply instead of Pennsylvania's. Here's what you should consider:
- Open probate: File in the probate court where your father lived.
- Appoint an administrator: The court will appoint someone (likely a close relative) to manage the estate.
- Deal with debts: The estate must handle any debts, including the mortgage.
Do you know if you’ve already started the probate process?
So what if my father didn't pay a couple months of the mortgage or the taxes they're trying to take the house what can I do
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If mortgage or taxes are unpaid, the estate must address this quickly to avoid foreclosure or tax sale. Here's what to do:
- Contact the lender: Negotiate repayment or explain the probate process to delay foreclosure.
- Pay overdue taxes: Arrange payments if possible.
- File probate: Ensure the house becomes part of the estate for legal management.
Have you opened probate yet or spoken with the lender?