Fathers estate question

[Daze&Confused]

What is the name of your state?NY

Im sorry I looked all over the board before I posted this question.. This is a very confusing case....

My father passed without a will.. My father was remarried and had a daughter with my step. I retained a lawyer who sent my step mother a letter asking to produce a will, they call my lawyer to say they have a lawyer and are contacting probate and we should recieve something in the mail shortly.

My fathers name was the only one on the deed/title house. Which is now his estate, he also had a boat which they said they sold this summer for $10,000 and is valued over $35,000, while my father was in the hospital, they said my father said it was ok, but my father was in and out of a coma like state and was on ALOT of heavy drugs. Incuding Morphin. He also had a gun permit and a few hand guns. That they said they gave to his best friend. Which I was under the impression that you could not give or sell guns away because they are titled to my father and if you do not have a gun permit you can not sell them as well.

Also, there is a refinance on the house for $263,000.00. Now my step brother says my step mother is not leaving the house so they will buy us out. Now as fair as I can see it doesnt the first $50,000 of the house go to the Wife, then it is split 1/4 including her in it as well?

Am I responsible for the refinance amount if they are staying in the house? Im not sure if its under just his name or hers as well. If anyone can help with information that would be GREAT!

 

[BelizeBreeze]

Your case is FAR too complicated for a legitimate answer from an internet forum. A valid answer would require a full review of all relevant facts and documents. This is something your attorney can do but we cannot.

 

[Dandy Don]

Why do you think there will be a split of 1/4th?

What is the house worth if it were to be sold?

 

[Daze&Confused]

Why do you think there will be a split of 1/4th?

What is the house worth if it were to be sold?

Hi Don,
I was told by my lawyer that if the house values at $450,000.00 there is a Refinance on the house for $263,000.00. That would come off the top of the selling price because my fathers name is the only on the refinance. Then my step mother would recieve $50,000.00 right off the bat and then it would be split 1/4 from the remaining money. My stepmother, Myself, My brother (age 28) and my sister (age 17)

Does that sound right?

 

[Daze&Confused]

My question is can the boat be sold while he was in the hospital for 5 months under morphin and heavy medication and in and out of a coma like state?

 

[Dandy Don]

How can we answer that question when we can't see the paperwork involved with the sale? Did he give power of attorney to anyone to handle his affairs? Who sold it?

 

[Daze&Confused]

How can we answer that question when we can't see the paperwork involved with the sale? Did he give power of attorney to anyone to handle his affairs? Who sold it?

I dont have paperwork either... No one had power of attorney either the died very young and unexpectedly..

Im asking the question, if someone is in the hospital and in a coma like state under heavy medication can property for his be sold?

 

[Dandy Don]

You are not asking the correct question. You need to figure out who sold it and then the determination can be made as to whether or not they were legally able to do so.