I have a family member who’s husband had passed away and she was not on the deed to their home?
__A_YAHOO_USER__ asked:
She is currently trying to get their home remodeled but the company will not do anything since her name is not on the deed.
Is there anything she can do?
Possibly Related Posts:
- Will the property tax be increased for addition of 500 square feet to my home in CA?
- Who would I contact if I suspect a neighbor is remodeling his home himself, and it looks unsafe?
Well, what happens is that if the husband didn’t leave behind a will, then the estate (all property) of his goes into probate. During that process all assets will be assessed their value, and then put toward any debt owed. Most times, property (like homes) will be handed over to the next of kin (wife in this case).
All she needs is wait the outcome of the probate, and then when all is settled, the court will issue a letter to her, which she can take to the bank (or whomever has the deed) to have the home deeded to her. She will have to work with a Real Estate lawyer to get this process moving. [who]
If her husband left a will, she should take it and have his estate probated. If he did not leave a will, she needs to go to probate and family court with a copy of his death certificate and ask them to retitle the property to her name. It will take a while, especially if he had children or other family. [who]
Yes–there are laws concerning “intestate succession” (death without a will) in every state. Have her go to an attorney to help her through probate. She should update the deed, anyway. [who]