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Old 07-24-2007, 10:49 AM
Seedic Seedic is offline
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Default Will the property go to me and my mom?

My dad died. He owns a restaurant. I don't know where his title is for that property. Will the property to go my mom and me even though we don't have the papers to prove that it belongs to us?
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Old 07-24-2007, 11:02 AM
BPSKI BPSKI is offline
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It should all go to his spouse his wife, If that is he had full owner ship. If he didn't have a will and there is others that might have legal claim then it could be a case for probate court, The best thing to do is have your mom consult with a attorney to see if there is legal problems that need to be resolved. And sorry for your loss.
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Old 07-24-2007, 11:31 AM
Jennie A Jennie A is offline
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If there are no other heirs, like other children, then your mother and you will probably get the property. Unless he owes a lot of money on the property, in which case the creditors will likely try to get the property. Otherwise, you and your mother are the only logical people to get the property. The deed will be helpful in figuring this all out. You should be able to find a copy of the deed in County auditor's or recorder's office where the restaurant is located. Make a call to the recorder's office and try to find out where a copy of the deed is recorded. Once you have that, you will have a much clearer knowledge of what will happen to the Restaurant.
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Old 07-24-2007, 12:24 PM
Tzalgud Tzalgud is offline
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Unless he had a business partner, I think your mom is the full and rightful owner.

Sorry about your dad.
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Old 07-24-2007, 04:33 PM
don n don n is offline
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The title for that property and any liens against it should be recorded at the county courthouse. If there is no will and even if there is a will, you will need to go through probate court and the estate will be divided up. You and your mother will be the principal heirs and will inherit your house and the restaurant and whatever other items he owned after any liens against the estate are paid off. You also need to check for any insurance policies and notify any credit card companies that he owed that he passed away so they will stop the interest.

If you don't file for the life insurance, the insurance company will not contact you.
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Old 07-24-2007, 09:55 PM
missylukeandlissy missylukeandlissy is offline
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unless he had a poa prior to his death or written will then yes it will go to his wife and/ or next of kin
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