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question about getting house after father dies???

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SeaShells

Junior Member
What is the name of your state? Iowa

ok here's the deal - my father is getting pretty old - he does not have a will & i really dont think he intends on making one - there are 4 of us kids - my oldest sister lives in town with her family - my other sister lives in Wa. with her family & my brother lives in town with his girlfriend - i'm the youngest - i'm 28 & i live with my father because i moved back to help take care of him after my mom died - i help him with his bills & around the house & so on - anyways my sisters think that when my dad dies they are gonna sell the house & split it 4 ways - my brother thinks that he's going to get it & move in because he's the only boy - none of them like me very much but i live in this house - i have all my life except for a couple years - i am my fathers beneficiary - my question is - do my sisters & brother have any rights to this house? am i going to be able to keep it after my father dies? or am i completely screwed?
 
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anteater

Senior Member
If your father has no will, what does this mean?


.... - i am my fathers beneficiary - ....
If your father does nothing, your sisters are closest to being correct.

Iowa Intestate Succession Laws
If any part of an Iowa decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

- A surviving spouse is entitled to the entire intestate estate if the decedent is not survived by issue (i.e., children) or all of decedent's issue are also the issue of the surviving spouse.
- If the decedent is survived by issue some of whom are not issue of the surviving spouse, the surviving spouse is entitled to one-half of the value of real estate possessed by the decedent during the marriage; all personal property owned as a head of a family by the decedent at death; and one-half of the value of personal property (after debts, etc. are paid).
At a minimum, the surviving spouse is entitled to at least $50,000 in assets from the estate. If the surviving spouse comes up short because a class of property (e.g., real estate) is unavailable, the remainder can come from a different type of property. The surviving spouse also has first choice as to which property she gets.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1) Decedent's children, with the issue of a deceased child splitting the deceased child's share.
2) Decedent's parent or parents equally.
3) Half to the issue of decedent's mother and half to the issue of decedent's father per stirpes. Usually, these will probably end up being the same or very similar. If, however, there are no surviving issue of one parent, everything goes to the issue of the other parent.
4) Decedent's grandparents or their issue.
5) Decedent's great-grandparents or their issue.
6) As a next to last resort, the entire intestate estate goes to the issue of the decedent's deceased spouse, per stirpes. If the decedent had more than one spouse who died in lawful wedlock, the estate is divided equally between the issue, per stirpes, of those deceased spouses.

Copyright 2002 - 2007, CCH Incorporated, a Wolters Kluwer business
 

SeaShells

Junior Member
Re:

see i thought that was only true if none of us lived in the house - which i do & i am my fathers beneficiary - shouldn't that entitle me the house?
 

SeaShells

Junior Member
Re:

Stop saying that! If your father had No WILL than he has NO BENEFICIARIES!
well thats just a load of bull - my mother was his beneficiary until she died - after that i signed the papers to become his beneficiary - i was there when the lawyer handed them to me & explained everything - i was there when my father signed them & when i signed them & i see the papers that states me as his beneficiary so i'm pretty sure i know what i'm talking about so how bout you stop being rude
 

Silverplum

Senior Member
well thats just a load of bull - my mother was his beneficiary until she died - after that i signed the papers to become his beneficiary - i was there when the lawyer handed them to me & explained everything - i was there when my father signed them & when i signed them & i see the papers that states me as his beneficiary so i'm pretty sure i know what i'm talking about so how bout you stop being rude
So how 'bout YOU stop being OBTUSE? Start being intelligent. Provide all relevant facts in the FIRST post. :rolleyes: :rolleyes: :rolleyes:

What, this is "Free Advice By Mind Readers.com"????
 

XNavyLT

Member
You should strongly urge him to make out a will. Doesn't cost much and can be done online...state specific ones can be created at www.legalzoom.com for example. You say YOU'RE his beneficiary...you're all his beneficiaries if I read Anteater's post correctly.

Why are you unclear as to his will creation or lack thereof? Have you spoken to him about it? Seems like the 1st step if you ask me.
 

nextwife

Senior Member
Dad's estate is the "beneficiary. All dad's children are his HEIRS. Beneficiary is a term that applies to insurance or IRAs, 401ks, etc, and pass outside probate.

First, neither gender nor birth order matter in intestate succession . All four siblings, in the absence of a will, have equal rights to share whatever estate assets would go to the children of the decedent. If one wants the house, they can buy out the other's interest, or come to some agreement to adjust what share of other assets they take from the estate. This is presuming dad is sole home owner.

FYI- Dad can sell his house and cruise around the world if he wants. Until he dies, there is no estate, and dad can do as he wishes with HIS house.

Until dad passes, and creditor issues for end of life care are handled, you cannot know what will remain in his estate for distribution.
 
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Just Blue

Senior Member
well thats just a load of bull - my mother was his beneficiary until she died - after that i signed the papers to become his beneficiary - i was there when the lawyer handed them to me & explained everything - i was there when my father signed them & when i signed them & i see the papers that states me as his beneficiary so i'm pretty sure i know what i'm talking about so how bout you stop being rude
What papers are you talking about? You said that your father has no will.....So what papers did you "sign" to become his beneficiary?????
 

nextwife

Senior Member
what papers did you "sign" to become his beneficiary?????
You're correct. There are no "beneficiary forms" that require the recipient to sign before becoming beneficiary.

WHAT are you referring to? Is the house in a TRUST?

Why are you trying to usurp your sibling's ability to share equally in dad's estate?
 

anteater

Senior Member
What papers are you talking about? You said that your father has no will.....So what papers did you "sign" to become his beneficiary?????
Maybe we can all play a game of Clue.

Let's see.... What would a lawyer prepare and the OP sign that would cause the OP to think of herself as father's "beneficiary"?

A will? No.

A trust? Probably not.

Could it be something on funny looking paper with a notary stamp that usually gets filed at the county courthouse? Could it be a deed? Could the OP actually be a joint owner right here & now?
 
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Just Blue

Senior Member
Maybe we can all play a game of Clue.

Let's see.... What would a lawyer prepare and the OP sign that would cause the OP to think of herself as father's "beneficiary"?

A will? No.

A trust? Probably not.

Could it be something on funny looking paper that usually gets filed at the county courthouse? Could it be a deed? Could the OP actually be a joint owner right here & now?
Hummm**************intriguing.....:cool:
 

nextwife

Senior Member
Maybe we can all play a game of Clue.

Let's see.... What would a lawyer prepare and the OP sign that would cause the OP to think of herself as father's "beneficiary"?

A will? No.

A trust? Probably not.

Could it be something on funny looking paper with a notary stamp that usually gets filed at the county courthouse? Could it be a deed? Could the OP actually be a joint owner right here & now?
Well, in my state, and most others, it is the Grantor, not the Grantee, that must sign. I do closings all the time, and the SELLER signs the deed, not the buyer.
 

MyHouse

Member
Could he be he beneficiary to his father's life insurance policy?

Best thing to do would be to talk to the father about it. Ask him what happens to the house when he dies. Ask if you will get it. If he wants you to have it, perhaps he could put your name on it with his. Does anyone know if this can be done? If I recall correctly, my grandmother put both of her kids' names on her house when she got up in age. When she died, my father and his sister sold the house and split the money.
 

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