What is the name of your state (only U.S. law)? California
My father died... we found him a couple days ago. He was healthy as far as we knew and then gone. The autopsy is tomorrow and we will be signing paperwork and probably finding out cause of death and things of that nature.
but
He has a house (that has little to no equity, house valued at $119k), he has a bank account with some money for household bills (about $40k), and a car that we're most likely planning on giving back to the bank.
He was planning on taking a trip out of the country and had a lot of things set up for us to take care of while he was gone. The $40k came along with detailed instructions about how to pay his bills for the next year. There was also an "In Case Something Happens to Me" letter as well... that said "If you want to take over the house, the mortgage comes in the mail every month."
He left a couple notes telling my brother and I how to take care of his stuff, but there was nothing that looked like an official will. Also his letters to us were unsigned, but had his name typed out on the bottom. They were created on his computer though, which we have access to.
Would things, given that they are actually this straight forward, be able to avoid probate? Is there a way to appoint an executor of his estate without probate court getting involved?
Then to make it better, his friend came over tonight and said that our dad's uncle left my dad an inheritance years ago, that it was wrapped up in accounts and trusts and a couple properties in New York and in the Bay Area. He said that my dad had an ACTUAL will, but we cannot find it anywhere in this house.
If any of this is true, will probate court unearth these assets? Will the will similarly be found if perhaps it's stuck in a safe deposit box or something like that?
My father died... we found him a couple days ago. He was healthy as far as we knew and then gone. The autopsy is tomorrow and we will be signing paperwork and probably finding out cause of death and things of that nature.
but
He has a house (that has little to no equity, house valued at $119k), he has a bank account with some money for household bills (about $40k), and a car that we're most likely planning on giving back to the bank.
He was planning on taking a trip out of the country and had a lot of things set up for us to take care of while he was gone. The $40k came along with detailed instructions about how to pay his bills for the next year. There was also an "In Case Something Happens to Me" letter as well... that said "If you want to take over the house, the mortgage comes in the mail every month."
He left a couple notes telling my brother and I how to take care of his stuff, but there was nothing that looked like an official will. Also his letters to us were unsigned, but had his name typed out on the bottom. They were created on his computer though, which we have access to.
Would things, given that they are actually this straight forward, be able to avoid probate? Is there a way to appoint an executor of his estate without probate court getting involved?
Then to make it better, his friend came over tonight and said that our dad's uncle left my dad an inheritance years ago, that it was wrapped up in accounts and trusts and a couple properties in New York and in the Bay Area. He said that my dad had an ACTUAL will, but we cannot find it anywhere in this house.
If any of this is true, will probate court unearth these assets? Will the will similarly be found if perhaps it's stuck in a safe deposit box or something like that?