No will

[B&S]

What is the name of your state? AL My Mom recently passed away 12-2004 and left no will. She left a surviving spouse ( my Dad), and 2 children (my sister & myself). She had 2 houses. The one where they lived, which she and my Dad were joint owners on and owed money on, and the other house which she inherited from her Dad, which only was in her name and nothing was owed on. My Dad had an insurance policy on her which he was the beneficiary, he used it for the funeral expenses, plus had some left over which I believe is still sitting in a bank account. The house they lived in had been refinanced and at the time of her death, they still owed money on it. My Dad has said he's selling the other house and it's going to pay off what's owed on his house, plus a loan on a vehicle which is in his name only, and maybe even a couple of credit cards which aren't in my Mom's name either. I don't want to cause a fuss, but I would like to know where my sister and I stand in the matter of my Mom's estate. She had a vehicle, and other personal belongings, too. What are our options? We would like to know if one of us wanted the house, is there any way we could get it? Could we buy out the other 2 or how does that work. My Dad keeps saying "In a marriage everything is 50-50, so what was her's is now mine, and I can do what I want with anything she owned." Please help us sort out this mess. I'm going to find a lawyer, but I need to know what to say or ask.

 

[BelizeBreeze]

What is the name of your state? AL My Mom recently passed away 12-2004 and left no will.

That's not recent. Why hasn't something been done by now?

She left a surviving spouse ( my Dad), and 2 children (my sister & myself).

o.k. so three heirs.

She had 2 houses. The one where they lived, which she and my Dad were joint owners on and owed money on, and the other house which she inherited from her Dad, which only was in her name and nothing was owed on.

Depends on how EXACTLY their names are on the deed to the first house and if dad contributed to the second house in any manner.
Normally, the first house, if JTWROS, would go to the husband (surviving spouse) and the second, if deemed not to be marital property, would go 1/2 to the surviving spouse plus a child's share with 1/3 of the remaining 1/2 going to each hier.

My Dad had an insurance policy on her which he was the beneficiary, he used it for the funeral expenses, plus had some left over which I believe is still sitting in a bank account.

Insurance passes outside of probate. He did not have to use the proceeds of this policy for the funeral since mom's estate should have paid for it. But it was a nice thing to do.

The house they lived in had been refinanced and at the time of her death, they still owed money on it. My Dad has said he's selling the other house and it's going to pay off what's owed on his house, plus a loan on a vehicle which is in his name only, and maybe even a couple of credit cards which aren't in my Mom's name either.

Tell dad to keep his hands in his pockets. He could get into one hell of a mess since probate has not yet been opened and he has no legally valid claim to the home yet.

I don't want to cause a fuss, but I would like to know where my sister and I stand in the matter of my Mom's estate.

as hiers.

She had a vehicle, and other personal belongings, too. What are our options? We would like to know if one of us wanted the house, is there any way we could get it? Could we buy out the other 2 or how does that work. My Dad keeps saying "In a marriage everything is 50-50, so what was her's is now mine, and I can do what I want with anything she owned." Please help us sort out this mess. I'm going to find a lawyer, but I need to know what to say or ask.

Your dad is an idiot (sorry, but this marriage is 50-50 crap will land his ass in a lot of legal trouble.).

The VERY FIRST THING you do tomorrow morning is go to the county courthouse, find the room or clerk labelled "PROBATE" and file as executor.

If not that then find a probate attorney to handle this mess.

Your mother died 'intestate' without a will and a whole new set of laws kick in when that happens. For a decent description of these laws and how they apply for alabama go to this website.

 

[B&S]

More info, please

Thanks for the information, it's really helping me. I know we should have already began doing something about this, but we didn't know where to begin. We automatically assumed in the beginning that everything would go to our Dad, but when he went to a lawyer to find out about something else, he said something about getting the other house changed into his name so he could sell it. Apparently the lawyer told him since the 2 children were still living, we were heirs to the property, too. He almost flipped his lid and called me to say that he's gonna get what's his or he'll find a way to take whatever else he can. I have rented the house from my Mom for the last 5 years, but my Dad has recently talked me & my family into moving in with him, which we are still in between houses. He wants to sell the other house to pay off his debts. My sister & I was trying to find out if I could just buy the house and pay my Dad what he would get if it was sold to someone else, and also pay my sister, too. The house has been in the family for 50 years and we'd like to keep it that way. A little more info, please.

 

[BelizeBreeze]

GET TO A PROBATE ATTORNEY NOW!
How is that?

Depending on the exact circumstances of the second house, it may or may NOT become part of the estate. It will all hinge on the determination of a judge whether or not it was separate property from the marriage.

 

[B&S]

Thanks, again, for the information

Gotcha! I guess I just needed to read it in big bold capital letters!! Ha! Thanks. I suppose that should have already been done. I just don't want to cause any problems with my Dad, but I'm not quite sure why he hasn't either. Thanks for providing answers to my questions. You've been a BIG help.