My mother died and left no will,can my dad borrow money against the house without the children's concent.?
96802
Every state has laws that govern how property is divided when someone dies without a will.  In most states, dad would get the house completely.  You really should check with a probate/estate planning attorney in your state.
483634
If your mother received child support from the State in lieu of money from your dad, then she has nothing else coming and the State will go after him to recoup the monies they paid your mother.\n\nIf she received nothing, then it is a matter of the court and she (not you) must hire an attorney who is familiar with the procedures to go after him.
92338
The rules differ in each state.  But in general, you need to open a decedent's estate, give notice to all creditors, liquidate whatever assets your father left over and pay the bills from the liquidated assets.  You will be better off hiring a lawyer for this.  Check out your state's bar association's website for general information and possibly www.findlaw.com to locate a local lawyer who handles probate administration.
128809
Sorry about your dad.\n\nIf a person dies without a will (intestate) the distribution of the estate is overseen by the probate court.\n\nBy intestate succession, the remaining estate is distributed to the closest surviving relatives. In most states, that would be the surviving spouse, children, parents, and other siblings, in that order.\n\nIf your mom is still alive, she should get the estate. If she is not, then it should be split between children.\n\nYou probably should consult with a lawyer familiar with estate laws.  You can also get a lot of information on the web, search for "intestate" and "probate" specific to the states involved.
812416
Two wrongs don't make a right.  Your mom needs to speak to an attorney who specializes in such matters.  To deliberately try to defraud creditors rather than attempt to set the record straight will get her into deeper hot water. She can give her money to whom ever she desires but to transfer funds under your name when it is not a legit gift could be a problem.  Creditors have access to our banking records and if this is found out, she could be prosecuted as a criminal matter instead of a civil matter.\n\nWere your parents legally separated at the time your father opened these credit accounts?  Where were the cards mailed to, etc.? The creditors aren't listening because what is happening is not uncommon.  People knowingly use all sorts of tricks and loopholes to defraud institutions all the time so just having your mother tell them about her estranged husband's bad acts is not going to be enough.  She needs to get on with the business of taking care of this.  If she had nothing to do with this, she should be able to provide records and documents to augment her claim and innocence.\n\nHope it all works out.
535629
Ask an attorney, you don't want to do anything illegal and then get the shaft in the end. I thought that he could write a will and sign his money over to you, that way it's not in his name. Or, you can use it to pay his hospice nurses. But most importantly I would ask a lawyer
936240
Ignore all of the above answers.  They are plain wrong.\n\nIf he died without a will, the law of "intestate succession" in Ohio will determine who gets what portion of his estate, or his assets.  Generally speaking, the law of intestate succession provides that the estate will go to the spouse, and if the spouse died first, then to the children, if any. So if you are his only child, generally speaking, you should get everything.\n\nIn order to settle an "intestate" estate (one in which the person died without a will) the next of kin must go to the local surrogate to have administrator appointed (In contrast, if a person dies with a valid will, this step is uneccessary, because the will will ususally appoint an executor in its terms).  The person seeking to be the administrator of an intestate estate generally has to post a bond (but may vary in Ohio, depending upon Ohio law) to protect the administrator from screwing over the beneficiaries.  \n\nOnce appointed, the administrator has to "settle the estate.  That is, marshall (or gather) the deceased person's assets, pay his debts, and then, if anything is left over, distribute the residue (what's left over) to the beneficiaries.  \n\nIf your father had assets, and no real debt, and you think there will be a good amount of money left over from his estate (the "residue") and you fear your aunts will steal what is rightfully yours, you should hire an Ohio lawyer to 1) contest them being appointed administrators, and 2) have you appointed as administrator instead.   This will cost you money, but it will generally be paid out of the residue of the estate.  In other words, the lawyer will try to have you appointed as administrator, and if he is successful, he will help you settle the estate, and take his fee from the residue (what's left over after all debts are paid). It is very much worth the money.  \n\nIf you do get cheated, you might be able to resort to the bond which the administrator likely had to post.  Contact a lawyer to find out how.  \n\nGo to www.martindale.com to find a lawyer who practices estate and trust law in the county in Ohio in which your father resided or died.  Do not delay in contacting a lawyer, as the sooner you challenge your aunts actions, the better.  \n\nGood luck.
738122
fIRST OF ALL, IT DEPENDS ON WHAT YOUR MOTHER'S PARENTS LEFT IN THEIR WILL. DID THEY LEAVE THAT LAND TO YOUR MOTHER? IF SO, THEN IT IS PARTLY YOUR MOTHERS. IF NOT, THEN IT GOES TO WHOMEVER IS LISTED IN YOUR UNCLE'S WILL. YOU NEED TO HIRE AN ATTORNEY TO LOOK INTO YOUR MOTHER'S WILL AND TO FIND OUT ABOUT YOUR UNCLE'S WILL.  I NEED MORE INFORMATION THAN WHAT YOU ARE PROVIDING TO HELP YOU.
924890
Were you once married?  Were you married for more than 10 years?  Do you have any living relatives?  In certain states if you die without a will, the state may say that half of your checking account, IRA and home are in your estate.  They may have ways of dividing those halves which may not give all to your daughter.\n\nAlso, with a will, someone who contests will have much less of a chance of winning.\n\nBe certain.  Make a will.
619010
ideally what you can do is get a bank statement showing that money was disbursed as a cheque to ur relative that much of a paper evidence is amply sufficient incase u dont get the house u will atleast get the money back as the court will see it as a loan
882667
It really depends on the laws of your state, but usually what happens when a person dies intestate is that the court appoints an executor who is responsible for liquidating all the assets of the decedent's estate.  Before any friend or family member gets any money or property out of the estate, the executor has to pay for any claims made against the estate.  As a result, whoever pays for the funeral and burial expenses can make a claim against the estate for reimbursement.  In this case, I would strongly advise you against getting involved if you're worried about how you'll be able to pay for it and whether your ex has enough assets to cover the burial/funeral expenses.  Doesn't matter if his brothers and sisters expect you to handle this or not -- you are under NO LEGAL OBLIGATION WHATSOEVER to stump up the cash for anything involving your ex.
905983
No, I believe that your father is worrying unnecessarily.  I think that what has happened technically, from what you say, is that you are tenants in common with your father, having been left your mother's share of the property in trust.  It does not make any difference to your father's position, but I do think that you should take legal advice, as you may be faced with a nasty bill for inheritance tax.  The following link will give you a helpline.  It's worth a phone call to check up on this.  Under the present law, if your mother's half of the property is worth less than £275,000 then no tax will be due. When your father dies (which I hope will not be for a long time to come, by which time the law may have been changed), his half may also be below the threshold, so again would miss IHT. \n\n\nhttp://64.233.161.104/search?q=cache:6NomUA1DMqIJ:www.hmrc.gov.uk/cto/glossary.htm+probate+tenants+in+common+inheritance+tax&hl=en&ct=clnk&cd=1
256971
You have to get a lawyer and contest it.  Prove she was incompetent or under deress from that religion.  Very nasty thing to fight wills.\n\nIn some states that will may be invalid as children are entitled to half their parents estates by default.  Even if there is still one surviving parent.  Most dont know that.
67222
Adult child is actually too vague to respond to in view of the fact a child can be an adult, but still not be emancipated from the family; assuming the adult did not live at home, it would depend upon her will executor assigned ... the property she owned, and what her bills were at the time of death. If she had property, it would have to be sold and her bills paid from the sales.
811195
If there  is no will....then no, your mother is not entitled to anything, unfortunately. \n\nWhen someone dies intestate, the estate is left to the next of kin. While it may hurt your mother, she should remember that she got the real blessing, a good friend for 12 years and the satisfaction of knowing she did the right thing and truly helped someone. Money would be nice, but I am sure that is not why your mother did what she did.\n\nPlease tell your mother she is a wonderful soul for me.
495094
Wills don't have to be probated.  But until they are, there is no legal force behind them.  The court decides when it has been properly executed, that it hasn't been revoked, and that the person who wrote the will was the person who died.  If the will isn't probated, then you better be sure that there are NO disputes, because anyone can come out of the woodwork and say "um, that mobile home was actually supposed to go to me."  Not that this claim would win, but probating the will would help protect against these types of claims.\n\nThe reason you're selling off the property and dividing the proceeds is because cash is easier to split than personalty (personalty being personal property).  The titles to this property are irrelevant because as soon as your mother died, they were transfered to her estate and you and your sister are the beneficiaries to that estate.  So no, this is not why the will had to be probated.\n\nThe lawyer who administers the estate on your behalf has a right to charge however much he wants to.  It's your duty to ensure that this is not overly burdensome.  But if you signed a contract saying that he would get 5% of the estate, then it's more than likely too late for you to back out of that.  I personally don't believe that 5% is outrageous when it comes to working with the courts to make sure that everything is handled properly.  Just make sure he's keeping his side of the bargain by informing you when you have to file returns, what taxes (if any) are supposed to be paid, and when the probate process is going to be over.
556555
Yes they can and do all of the time. The only thing is to keep the card paid and current. My brother bought my grandmothers house and was executor of the estate. He still has her credit cards current and even her phone, the number is 50 years old. Now if you don't pay them and keep them up to date it would be a crime. The people are dead, who is going to sue you?