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Son passed away

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rsdsinWA

Junior Member
What is the name of your state? Washington

Our son has passed away and we put him on the title of our house because we live out of state and my husband was going to undergo surgery which there was a good chance he wouldn't make it but he did.

We were in the process of selling the house and getting ready to sign papers when my son passed away - since My husband, myself, my brother-in-law and my son were all on the title do we need to go to probate to get his name off the title - his kids are trying to get a % of the sale of the house - my son had nothing into the house and was only put on it because of my husbands surgery - we have statements attesting to the fact from his girlfriend and other friends that he wasn't planning on getting anything from the sale and that he was signing the papers.

My husbands heart can not take this and we have offered the kids some money and to pay for their father's funeral but they want all the money and are making threats.

We don't have any money until we sell this house to pay for anything - please help any advice would be greatly appreciated.What is the name of your state?
 
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lwpat

Senior Member
Depends on exactly how the house was titled, EXACTLY. If there was right of survivorship then they get nothing. Otherwise they get their father's percentage but only after probate of his estate. Do not pay anything to anyone but the estate. If no ROS, then the PR will have to sign off on the deed when you sell. Ignore them until then.

Never a good idea to do something like this without consulting an elder law attorney. Transfers can come back to bite you when applying for govt. benefits. Suggest that you go talk to one now and get everything done right.
 

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