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No Will from Biological Father

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J

jch41878

Guest
What is the name of your state? NM

My wife found out recently her father passed away late last year. She never knew him. A probate has been filed by his cousin (who lives in another state). Apparently the cousin knew my wife and her brother existed yet did not tell them when he died. He had no will. He was not remarried, and had no other kids or siblings, and his house was in his mother's name and she died more than 3 years ago. The house doesnt look like it's worth much, less than $100k. When there is no will, do the son and daughter have priority as heirs? A quick search seems to indicate there wont be any taxes to pay. (Right?) I know there could be debt from collectors though somehow I doubt it.

Also, we drove past the property and the house has a for sale sign, my wife called the realtor and he said the house is already sold (pending) but he sounded like he was very disorganized. He offered to take her name and number in case the sale didnt go through.

Question is, lawyers are expensive and want upfront cash, the lawyer group that contacted her to tell her her father passed away wants 1/3(!) of the inheritance as their fee. How hard is this to do oneself, or is the lawyer worth it? How many hours of $300+ per hour does this stuff take?
 


nextwife

Senior Member
You use the term "biological father". Was she adopted by another, and now the legal daughter of that man?

If there is a mortgage, that must be paid off from proceed, that, and any debts, judgments, or liens, must be paid first from proceed, in addition to any income taxes that may still have been due from year of death or before.

Additionally, if the house was still owned by his mother's estate, then the property passes to HER estate first in accordance with either her will or intestate succession. If biodad had siblings, they or their estates may be entitled to their share of the proceeds. If he did not own his residence (sounds like late mom's estate did), it is not legally "his" house.
 

Dandy Don

Senior Member
Your wife needs to hire her own attorney for consultation purposes only and do not retain the services of the firm that contacted her.
 
J

jch41878

Guest
You use the term "biological father". Was she adopted by another, and now the legal daughter of that man?

If there is a mortgage, that must be paid off from proceed, that, and any debts, judgments, or liens, must be paid first from proceed, in addition to any income taxes that may still have been due from year of death or before.

Additionally, if the house was still owned by his mother's estate, then the property passes to HER estate first in accordance with either her will or intestate succession. If biodad had siblings, they or their estates may be entitled to their share of the proceeds. If he did not own his residence (sounds like late mom's estate did), it is not legally "his" house.
Thanks for responding. No she was not adopted by anyone. I dont think his mother had a will either, but he was her only child and her husband passed away before she did. So he was the only child and there was no surviving spouse. If the cousin who filed knew about my wife's existence but failed to contact her, is that fraud? I have checked out some forms from my state's probate court online and the application states you must do a reasonable search for any heirs. The lawyer my wife contacted mentioned a "silent title" what is that?
 

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