#InheritedProperty #EstatePlanning #ProbateProcess
Are you facing a similar situation where a loved one has passed away without a will, leaving their property vacant and vulnerable to risks? It can be a stressful and uncertain time, especially if you’re wondering whether you can stay at the property to prevent it from becoming vacant before it goes to the state. Let’s explore your options and find a practical solution to this dilemma.
Understanding the Legalities
When someone passes away without a will, their estate goes through the probate process to distribute their assets according to state laws. In the absence of a will, the state determines how to distribute the property. As a relative of the deceased, you may be concerned about the vacant property and its security.
Can I Stay at the Property?
While the situation may vary depending on state laws and circumstances, staying at the property might not be permissible without legal authorization. Even if your aunt gave oral consent for you to house-sit while she was in the hospital, it may not be legally binding after her passing.
Practical Solutions
1. Consult with a Legal Professional: To navigate the probate process and determine your rights regarding the property, it’s advisable to seek guidance from a legal professional specializing in estate planning.
2. Secure the Property: In the interim, take measures to secure the vacant property to prevent unauthorized access. Consider installing security cameras, alarms, and notifying neighbors to keep an eye on the property.
3. Maintain the Property: To prevent the property from falling into disrepair, continue to pay property taxes, utilities, and insurance to ensure it remains in good condition during the probate process.
4. Vacant Property Management Services: If staying at the property is not an option, consider hiring a reputable property management company to oversee the maintenance and security of the property until the probate process is complete.
In times of uncertainty and legal complexities, it’s crucial to prioritize the safety and security of the property while navigating the probate process. By seeking legal guidance, taking proactive measures, and considering alternative solutions, you can ensure the vacant property remains protected until its official disposition. Remember to consult with relevant professionals for personalized advice tailored to your specific circumstances.
> until I guess the state takes it
Why would the state take it instead of her closest living family member (like her brother) inheriting it under your state’s laws of “intestate succession” that apply to deaths without a will?
Look at the laws for where she lived regarding intestate succession. Generally, since she didn’t have children, her estate would go to her siblings. If any of her siblings have died, their children will take their parent’s share. A probate estate may need to be opened with the appropriate court to deal with the property — again this depends on the state where she lived. The person who is appointed as the administrator of the estate would be responsible for protecting the property. That would include having someone living in it temporarily. My advice is to consult with a probate attorney in her area.
Look up laws of “intestate succession” for the state/province/etc. where your aunt lived for flavor on what happens when a person dies without a will.
https://www.findlaw.com/estate/planning-an-estate/intestate-succession-laws-by-state.html
There should be an executor of the estate chosen. The county makes it official. It’s usually a child or spouse, but could be you or the sibling. State laws dictate the line of succession basically for who is first in line for being executor.
The executor can give permission to stay at the property, as well as decide on paying bills during probate. If no one is familiar with this process or taking charge, I’d recommend the family members getting together and hiring a probate attorney. They will be able to walk you through the process.
NAL
As long as the family is fine with you house sitting until it’s decided to do with the home.
That may be the best short term solution to keep squatters away. And keep the house up if it’s decided to sell and split the profits among the family. According to your local estate laws.
I would socialize the idea amongst the family to see how they feel about it.
I would not imagine that there would be a problem with you staying at the home for a while. The owner is no longer living and it sounds like your family (the most likely to become the new owners) has no problem with you being there. Based on that, it’s unlikely that anyone with legal rights to the property is going to make a move to have you removed from the house.
A concerned neighbor could call the police if they see someone they don’t know staying there so you may want to introduce yourself to get ahead of that possibility. If the police do show up, politely explaining the situation and showing any documents related to the estate will probably be enough to satisfy them.
As long as your aunt’s next-of-kin-your grandpa and his family-have no problems with it, I think you’ll be fine. Talk with them and offer to stay at the house until it is sold. Had to do the same thing after my grandparents died, though they thankfully had a will. Nobody else was willing to offer, so it made perfect sense, as my aunts and uncles had the same worry.
How this is handled is different in different locations, so I recommended doing some research on your local laws. Generally if there is no will her property will go to something called her estate. The estate is just a legal term for the legal entity that handles the settling of her debts and distribution of her property. Someone will usually be put in charge of the estate. From your description this would most likely be your grandfather, and if he is unable or unwilling to do it, would then most likely go to one of his children. The person in charge of the estate will use any money or possessions to settle any debts and then distribute the remaining property to the nearest relative, again most likely your grandfather. This process can take sometime between months and years depending on how complicated the financial situation is.
As long as you talk to your grandfather you should be fine to live there. One thing to note is that all of her belongings are part of the estate, so don’t get rid of anything of value. Obviously food and other things that can spoil or cause damage can be disposed of, but properly store anything of value and any paperwork that may be needed. This can be a long process.
You need a Attoney that does probate ! I’ve done the probate process three times in last 16 years. There is no way I would try to do probate without an attorney!
The estate will be divided up to family members, it will NOT go to the state.
Yes move in- until someone with legal authority kicks you out. Also, get insurance for the home!!
Ok, first, can you stay while probate happens? Yes.
She will go into probate. While this happens, whoever is executors will set up an account. All money will go into that account while either her things are sold to pay debts and that includes a house or car. While that is happening, if there is money in the account in the US, the electricity and taxes and any insurance or mortgage payments will come out of it. If there is no money and the house must be sold to pay off debts, keep all receipts of what you pay into the home. Electricity. Water. Morgage. Taxes. And upkeep done as well as updates done to sell it. After the house sells, you can then submit to be reimbursed for all those expenses.
Probate can take a minimum of 6 months depending on state to years, so always keep track and keep the executor in the loop. Also, make a list of everything in the house. Estate can pay to have certain things valued for sale. The estate needs to know everything, and if things are sold, they need to have records of that.
I would ask who will be executors, and someone in the family can step forward to do so, or the courts will assign someone to do all the work.
But aren’t you or your parents next of kin? Or is that only in the movies?
Check the title deeds with the county clerk. It’s possible that a surprise person is on the title. Unlikely but possible.
I hope you can secure it because once squatters go in, then you’re in for a whole other mess.
Ues, you’re allowed. Check with her homeowners insurance company, it could very well void the contract for no one living there for more than (x) number of days. Also, they may need to change the policy from an owner occupied dwelling to non-owner occupied. This likely would increase the premium significantly. This could help convince whoever is the personal representative for the estate that it’s a good idea for someone to live in the home. If the home is to be retained for any length of time a new policy should be written as the named insured is no longer living.