What to do next when intestate?

Does a person have to have a lawyer when their parent has passed away without a Will and they need a legal probate done ?

The dad passed away .. he had a wife .. and 3 kids by another marriage ... he had no WILL .. he had a home place .. then he had another partial of land in his name and wife's name .. now the wife is trying to sell the land .. there has been nothing probated.

Can the kids file probate themselves without a lawyer ? If so .. how ?

Does it have to be filed at probate at all ?

What kind of legal document does the kids need to prove that they are 1/2 owners .. due to intestate.

HELP !!!!

Ben

Petition Probate Court (different name in some states) for execution of the Will. Probate Court will handle according to the laws of your state, ie collection, distribution, and other dispostion of the property.

Documents needed ;

A copy of the Will

A death certificate

IMHO, much too important and complex to attempt without first consulting an attorney to determine what assets you are entitled to if any, and guide you through the process.

Good Luck

Nancy G

You are mistaken in your assumption that the children are half owners because the father passed away intestate. It all depends on how the father and his wife owned and took title to their property and assets.

Example: You say that the father owned property in his name and his wife's name. If the deed shows that they took title to the property as "joint tenants" or some other manner that bestows a right of survivorship (such as "not as tenants in common, but with rights of survivorship"), then the wife automatically becomes the sole owner of the property. Property owned in this manner does not have to be probated,

If they had checking, savings, or investments accounts that were owned jointly with a right of survivorship, then those assets pass automatically to the wife. There would be no need for a probate.

If they owned vehicles jointly with a right of survivorship -- ditto.

If there were life insurance policies and the wife was named as the sole beneficiary -- ditto.

Before the children attempt to file anything with the court, they should share the cost of a consultation with an attorney. If there is no legal requirement to file a probate or if the wife is legally entitled to everything, the children would be wasting their money to file one. If the children filed it on their own and did it incorrectly, they could get nothing and could end up having to pay the wife's attorney fees and court costs as a penalty.

I work for an attorney who does estate planning and probate work.

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