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Can you put a lien on property in the estate of your father when he put his girlfriend on the title before his death?
Wiki User
∙ 13y ago
If your father transferred his property to himself and his partner as joint tenants with the right of survivorship prior to his death the property automatically passed to her when he died. It would not be part of his estate. He had the right to do what he wanted with his property. You would have no basis for seeking a lien from any court. You would need to bring a lawsuit and prove he lacked legal capacity when he executed the deed. The legal costs would be expensive.
You should consult with an attorney who can review your situation and explain your options.
If your father transferred his property to himself and his partner as joint tenants with the right of survivorship prior to his death the property automatically passed to her when he died. It would not be part of his estate. He had the right to do what he wanted with his property. You would have no basis for seeking a lien from any court. You would need to bring a lawsuit and prove he lacked legal capacity when he executed the deed. The legal costs would be expensive.
You should consult with an attorney who can review your situation and explain your options.
If your father transferred his property to himself and his partner as joint tenants with the right of survivorship prior to his death the property automatically passed to her when he died. It would not be part of his estate. He had the right to do what he wanted with his property. You would have no basis for seeking a lien from any court. You would need to bring a lawsuit and prove he lacked legal capacity when he executed the deed. The legal costs would be expensive.
You should consult with an attorney who can review your situation and explain your options.
If your father transferred his property to himself and his partner as joint tenants with the right of survivorship prior to his death the property automatically passed to her when he died. It would not be part of his estate. He had the right to do what he wanted with his property. You would have no basis for seeking a lien from any court. You would need to bring a lawsuit and prove he lacked legal capacity when he executed the deed. The legal costs would be expensive.
You should consult with an attorney who can review your situation and explain your options.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoIf your father transferred his property to himself and his partner as joint tenants with the right of survivorship prior to his death the property automatically passed to her when he died. It would not be part of his estate. He had the right to do what he wanted with his property. You would have no basis for seeking a lien from any court. You would need to bring a lawsuit and prove he lacked legal capacity when he executed the deed. The legal costs would be expensive.
You should consult with an attorney who can review your situation and explain your options.
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What if your fathers girlfriend leave the estate to the father but father dies before policy holder does the estate got to children of the father?
If the girlfriend is still alive then she can change her beneficiary. If she died and didn't change her beneficiary then you may have a claim if her estate went to your father. You should speak to an attorney. You refer to a "policy holder" in your question as well as an "estate". If the subject is a life insurance policy and your father was the beneficiary but was deceased when the insured died then be aware that the girlfriend probably named a contingent beneficiary on her policy.
What is property handed down from father to child?
Property handed down from father to child is an Estate and whatever is in that Estate such as monies; property or contents of the house; owning cars; boats, etc., is an inheritance to the child named in the father's Wills.
My father made me joint owner of his property before he died and now my siblings want a share of his estate. What should I do?
If your father transferred his property to you and he as joint tenants with the right of survivorship his interest passed automatically to you when he died. You are the sole owner of his property and there is no estate that needs to be probated. He wanted you to own the property. You have the right to explain that to your siblings and turn down their requests for a share of his estate. Depending on the size of the estate, you could volunteer to share but no one has the right to demand a share.
Can i get an equity loan on a house i own but the mortgage is in my father's estate?
If you mean that you own your property and had granted a mortgage to your father then his estate must release it. His estate must be probated in order for an estate representative to have the authority to issue a release. The bank will likely want the probate issues to be addressed before it will loan any money to you unless you own a considerable amount of equity in the property. The best thing to do is ask around at local lenders.If you mean that you own your property and had granted a mortgage to your father then his estate must release it. His estate must be probated in order for an estate representative to have the authority to issue a release. The bank will likely want the probate issues to be addressed before it will loan any money to you unless you own a considerable amount of equity in the property. The best thing to do is ask around at local lenders.If you mean that you own your property and had granted a mortgage to your father then his estate must release it. His estate must be probated in order for an estate representative to have the authority to issue a release. The bank will likely want the probate issues to be addressed before it will loan any money to you unless you own a considerable amount of equity in the property. The best thing to do is ask around at local lenders.If you mean that you own your property and had granted a mortgage to your father then his estate must release it. His estate must be probated in order for an estate representative to have the authority to issue a release. The bank will likely want the probate issues to be addressed before it will loan any money to you unless you own a considerable amount of equity in the property. The best thing to do is ask around at local lenders.
Can you sell a real estate property titled in trustee after owner dies?
Can you sell a real estate property titled in trustee after mother and father dies
Who is responsible for judgment on property inherited from deceased father?
The judgement should be resolved before the property is transferred. If there are not enough assets to cover it, the property would have to be sold to pay the judgement. If someone wants the house, it might make sense for them to pay it to keep the property.
If your father inherited property without a will how can he be the owner of the property?
When a person dies without a will, the decedent's property passes to heirs at law according to the state laws of intestacy. An estate that has real estate must be probated in order for title to real estate to pass to the heirs legally. Therefore, it is important to make certain the decedent's estate was probated and that title to the real estate passed to your father legally.If your father was the only heir at law of his deceased parent then his title to the property is established through the Probate Court. If you have questions about the title to the property you should discuss the situation with an attorney who specializes in probate and real estate law. The attorney can make certain the estate was properly probated and could draft a deed that can be recorded in the land records to get the property into your father's name.
Do grandkids get anymoney if their father dies before his father from estate?
It will depend on the specific wording of the will. In most cases they would get their father's share of the estate.
Do you need to probate your father's estate if he created a living trust before he died?
You need to probate your father's estate if he owned any property at death that was not transferred to his trust. You should have a copy of the trust. If you're not sure you should consult with an attorney who specializes in probate law.
What rights does a husband have to real estate and all other property in Oregon left solely to his wife by her father in an unwitnessed holographic will?
Oregon is not a community property state. The husband is not an heir of his wife's father. The husband has no rights in or to to the real estate.
My father died without a will and I inherited his property. His estate was not probated. Do I have legal title?
The property is still in your father's estate and his estate must be probated. You are not the legal owner.In order for title to real property to pass to the heirs-at-law in an intestate estate (no Will) or under the terms of a Will, the estate must be probated. Title is passed to the heirs by the probate process. You cannot "title" the property in your name until the estate has been probated. You cannot sell or mortgage the property until the estate has been probated. Until you probate the estate you only have what is called equitable title.You should consult with an attorney who specializes in probate who can review your situation and explain your options.
Should i pay creditors that have filed against my father's estate from his bank accounts because their is no property?
Bank accounts are considered to be personal property and personal property is an asset of the estate. Creditors that file a claim against the estate are entitled to be paid from the assets of the decedent before any assets can be distributed to the heirs. They must be paid from any funds in a bank account owned by the decedent.
