If you want to know the nature of the lease you need to review the document that created it. You should be able to review the original at your local land records office.
An action like that must be handled by the estate. If the deceased has left a will and named an executor, the executor must handle the disposal of any property. If no will was left, the courts will determine what happens to the property.
A POA is extinguished at the moment of death. If a POA was used to sell the property of a deceased person the sale was null and void. The former attorney-in-fact had no legal interest in the property, couldn't sell it and committed a fraud. The buyer did not get title to the property.
In most countries the state takes over the estate and distributes it to the deceased's relatives in accordance with the law. If no relatives can be found the estate becomes the property of the state.
Probate court is relevant after a death. In probate court, it can be decided if a will is valid. After the will is validated, the financial responsibilities of the deceased can be settled and any property belonging to the deceased can be taken care of.
A person who dies without a will is said to be intestate. Each state has specific laws about how property is divided when the deceased is intestate.
The mortgage must be paid. When a property has been encumbered by a mortgage the property remains subject to the mortgage even if the title is transferred or the original owner dies. You need to pay off the mortgage or make arrangements with the bank to transfer it to your own name. If the mortgage isn't paid the bank will take possession of the property by foreclosure.
When there is no will, Probate Court handles the disposition of the deceased's property. I would think a son has a legitimate claim to some of the property unless there are some unusual circumstances. Contact Probate Court and ask how the estate was handled, or is being handled. There should be a way for you to present your case.
Probate means "a certificate granted by the Probate Division of the Supreme Court, in QLD it is the QLD Division of the Supreme court. The certificate shows that the will of the deceased has been proved as valid and registered and that authority to administer the deceased estate has been granted to the executor proving or propounding the will" Butterworth's Legal Dictionary 2004 So therefore after the certificate of probate is granted, see the executor of the will so that you are able to claim your share. I'm assuming that you are a beneficary?
Yes, the property will stay in the estate to be distributed according to the will. Her part will be treated as not being there and the remainderman will get it.
In some states the money will go the estate of the deceased winner.
Check if the state is a Common Law Property State or a Community property state. Then check the titling of the CD and you will have your answer
You can appeal or accept the judgement.