Who gets your property if you die without a will

[@chuck5898]

Parents, if you have more than one child, do not make one of them an executor. Choose a trusted outside person to represent your estate. Sibling’s have hidden resentments you’ll never know.

[@nickhines1131]

My dad died, no will, gave everything to my niece. The 5 children got nothing and this was by his words on his death bed. He was abusive to my mom, and made sure he spent most of it on himself towards the end, no relatives know the true story and how he was also abusive to his 5 children. The whole family was disfunctional, at least I got a engineering degree, and served in the US army which he dispised, and never spoke a word of. Very strange person, so I have always tried to not be like him, almost can say I raised myself.

[@jazzhamster4168]

@@georgek3719 legally, even though your father excluded you and your siblings from their will, you can still get portion of the assets because the will is unfair. Check the case law.

[@jazzhamster4168]

legally, even though your father excluded you and your siblings from their will, you can still get portion of the assets because the will is unfair. Check the case law.

[@trailerparkcryptoking5213]

This isn’t a therapy session!

[@mariahhall8481]

Don’t care for my family. They are negative and are all divided. Sad.

[@johnniebeavers4003]

I would of went to court and fought for my dad property.

[@burgundymarcia]

Many years ago, a co-worker (around my age) died suddenly in a car accident. She was youngish, late 30s/early 40s, and it was so unexpected that she had never made out a will. Fortunately, she had a husband and children, so there was not much confusion about where her estate would go. I, on the other hand, was divorced with no children. I immediately set about making out a will, so that my sister and niece would be the beneficiaries, as my childfree brothers would not really need anything. As soon as my niece turns 21, I'll probably make her the sole beneficiary. It's just an online form I filled out and had notarized, but at least it's in writing.

[@donnablackman9167]

FinelyRevealed Again, you have come through with another answer to one of my concerns. You have answered a question of the succession of property in wills. I'm pleased to know that I've done the right thing by making my daughter and then my niece the inheritors to my property. We used to have a vast array or relatives and as many passed on, I chose what you have recommended. I wanted to avoid any delay in the transfer of property. I have subscribed to your channel and "rung the bell". Thank you for your clear, concise and knowledgeable help. You are quite an asset. Take care. :o) Donna Blackman, USA.

[@FinelyRevealed]

HI @Donna So happy that the information is useful. Thank you for the kind words and encouragement!

[@mandi209]

So simply explained and I appreciate this knowledge. Thank you so much!

[@FinelyRevealed]

You're very welcome. Happy it helped.

[@lesliethompson2502]

Did you cover the widow who died with children? I didn't hear it. And what are the procedures ishe had no will?

[@wyattearp4475]

What is the best way to have a will made?

[@markthorne2999]

What if the person who dies has a long time live in partner is but not married to them. Are the children of the deceased left out if there is no will for personal property, insurance policies, bank accounts, etc?

[@FinelyRevealed]

HI Mark. Yes- if there is no will (and outside assignments have not been executed) then property passes by intestate succession which means blood relatives. We will do another video on common law marriages and this topic.

[@dameonmeriweather1404]

Simple quick and understandable

[@FinelyRevealed]

Thank you- happy to help!

[@johnstafford8488]

I don't know about other states, but in Kansas all I had to do was file a transfer upon death for my house to my son. My total assets are far below the inheritance tax limit. I also put his name on my bank account & car titles.

[@FinelyRevealed]

Good job!

[@rongendron8705]

Question: Can spouses add the words JTWROS on an existing deed, when it was inadvertently omitted, previously?

[@FinelyRevealed]

Great question! You can do this in 2 different ways. IF you have the original deed with the ink etc then you can add that designation and each initial that addition and then have it re-recorded. The other way is for you each to sign a new original deed from the two of you (in whatever capacity you now own the property) and convey it to the two of you as joint tenants with rights of survivorship and then record that.

[@Defender401]

My wife owned a half acre, and left no will. Is there anyway I can get this property in my name in the state of Texas?

[@johnd4348]

Spend the money , get a will. And for sure get a power of attorney to someone you trust.

[@OVERHERE-OVERHERE]

I have a sister and niece and nephew we’ve been estranged,since 1992, I want to leave my house and personal property to my best friend what should I do to prevent my sister from Contesting my will and wishes to leave my possessions to my friend

[@FinelyRevealed]

Good question- looks like we need some more videos and will get those out!!

[@alij9167]

Does anyone know ,in the case of intestacy , in which legal documents does the name of the beneficiaries and their share appear? İn the " letter of administration" only the name of administrators appear". Thank you

[@FinelyRevealed]

The first filing would show the name and information of the person who died, who is requesting letters and the information about the heirs.

[@ttony777cpespective3]

I have a unique situation. My dad passed first. My mum had middle brother and girlfriend come stay with her for care. She signed the house over to him. They all did not get along and he got hauled out of the house in cuffs days before he passed away. Mum passed 3 weeks later. No one had a will. They DID have a verbal contract that he got the house but was suppose to care for mom until death but he actually passed first. Since he didn’t fulfill his contract I’m thinking the house should be put back in moms name? Any help. Thanks!!!

[@FinelyRevealed]

Generally speaking any agreements concerning real estate must be in writing. Please contact an attorney in the area and take them all the documents plus a list of what happened by date and names of people.

[@ronstiles2681]

Question I was asked by sisters to quit job and be caregiver for mom,I did happily , then I went back to work after she passed, not long later I quit job to take care of dad with dementia ,dad got bad and was hospitalized I lived in family home and paid rent since 18 sister hired lawyer for (dad) and had me evicted , I was told by bailiff I would have 30 days to get my property I was denied by lawyer now my property is gone I spent my money just living when I quit my job, what can I do ?

[@FinelyRevealed]

Possible legal actions could be to sue for the conversion of your property or for replevin to get the property back. Sorry this happened to you.

[@ronstiles2681]

@@FinelyRevealed thanks

[@Sarahbee-o8t]

A hand written will is legal in the state of Texas

[@danstone8783]

We are ging through this right now with my brother. We are at the sibling level of distribution but I do not understand how this works and who distributes the estate. Does the state do this and how long can that take?

[@bobs182]

If a person is the executor of a will and the person only has numerous maxed out credit cards with no assets, would it be possible or best to reject being the executor to avoid dealing with the credit card companies?

[@Kim-lt8vp]

Oh my goodness, my spouse died almost a year ago I had a friend of his send me to an attorney did all the talking for me told the attorney I did not want the home that we shared I was not on the deed I was at closing wasn't on the mortgage but I thought I signed to be on the deed apparently was a warranty deed, I don't know he talked to me out of my home and doing a friendly foreclosure. There's nothing I can do about that I know is there and I'm in the state of Alabama. My husband had a multimillion-dollar company. I have 3 stepchildren that are getting attorneys and all I'm asking. In four, it's $650000 from my brother-in-law who owns the other half of the company help me please understand what the laws are and how they work. I've paid an attorney twenty five thousand and I have a heart from him in three months so i've lost my home to foreclosure

[@FinelyRevealed]

So sorry for this - please seek a reputable attorney for the issue with the first attorney and then to represent you properly.

[@Kim-lt8vp]

@FinelyRevealed I am in a mess! I live in alabama and its a small town and I'm not going to get an attorney that's not bias 😤 it's the good Ole boy club and I have no choice but to let then screw me. I think laws should be in place for spouses that have Been married for 20+ yrs& a spouse has no will because my husband had NOTHING NOT A JOB when we got married . All I wanted was my home &; I was not even allowed to pay it off myself. I lost it. I lost my love of my life the lifestyle we created and I am so lost 💔 I have 250,000 to live on the rst of My life. My husband net worth was over 3 million. Explain how this happened

[@schanychamemphis1327]

so sorry!

[@darkangel7820]

What if you have no spouse,no children, parents are already dead, and no brothers or sisters. So, you're saying if I die without a will then my First cousins could basically fight over it? Because I do have a ton of them.

[@FinelyRevealed]

Hi @Dark How lucky to have lots of cousins! Arranging who gets your property on your death is always the best- check our other videos on transferring without a will- or writing your own. On the succession order you are correct- looks like your cousins would be the heirs.

[@nonjusticessociety2934]

what if my dad that passed did a property deed before on my son's name? those that works or it had to be recorded at that time? we never filed it we just kept the letter?

[@vickygomez1016]

My sister was special administrator my mother didnt have a will and property still have morgage but what happens once house is paid off

[@terryhenson3350]

I am the surviving spouse and my husband died intestate her in Texas. I have been named Independent Administrator but my name is not on the mortgage. How do I get the house in my name. I have been making the payments since he died and plan to continue doing so. What should I do to get it in my name.

[@FinelyRevealed]

Condolences on your loss. First you would have the property title entered in your name- an affidavit is required in Texas to do that and a local attorney and title company can assist. For the loan you would contact the lender. Check with an attorney before transferring the loan to make sure that would benefit you.

[@brianwillson3693]

My parents had a Joint Will,but it was not filed at the Oklahoma County Court Clerks Office.Would it still be a valid will? Its was federal homestead acreage for 62 years.And as joint tenants with right of survivorship and not as tenants in common.

[@redefv]

You think asking on KZbin is a good option? Seek LOCAL counsel. There will, probably will hold up after a lengthy amount of expensive probate court BS.

[@milagrosperez8544]

I have a child with my boyfriend who passed and I lived in the home with him but never married, is my child entitled to any benefits. NO WILL. His oldest daughter came and took everything from the house including vehicles, credit card etc. and she wont communicate with me and has blocked me. I son 8 yrs old would like to know if there will be any services for his dad. because its been 3 weeks since he passed, my church is going to have a service for him so that my son can at least feel at ease. she has already transferred all his accounts to hers including the vehicle when she was seen at the DMW. I don't know what to do since I was not married to him. please help?

[@FinelyRevealed]

Your child has rights as an heir likely equal to the other children. Please get an attorney to help.

[@Ducali_27]

Good day, I need some feedback PLEASE. Im in charleston SC and my best friend who just so happen to be a now legal immigrant from Hungary is the deceased. He has no living family members, here nor back in Hungary and the Coronor's office has done their due diligence. I paid for his cremation and the coronor's office agreed to let me have possesion of his remains. He lives in a rented house, furnished, 2 vehicles that are his out right and one car with a lien. I am the only person showing any interest in this situation, though we have a very few mutual friends. I intend on going to probate to establish an administrator/executor roll over his belonging so that I can start moving his items out of the rented house. What are the chances the judge would grant me this since there is no KIN? I can not afford a probate lawyer at the moment.

[@BIGHarambe7]

My dad passed away recently and left no will he paid off his house 2 years before his passing that he purchased with my biological mom who passed away also 2 decades ago it has both their names on the property taxes. My stepmother claims she married my dad and showed me a paper from the court I'm guessing civil marriage she had 2 kids with him but only one has my dads name on the birth certificate and most of my family doubt they're even his since my dad was struggling with diabetes. Would his biological sons keep the house or the stepmother and her kids?

[@FinelyRevealed]

Hi Michael We are doing a video on the spousal rights. For your individual situation please contact an attorney in the place where the land is located and where your dad died. Sorry for your loss.

[@Nana-vx6mt]

What happens if the person who died is intestate and had nothing but bills very little money. No family chooses to apply to be the representative what happens then?

[@FinelyRevealed]

If there are not any minor children, titled assets or real estate then nothing happens- any personal property probably divided by any relatives and notices given that the person has died would probably suffice to conclude things. If this has happened to you - sorry for your loss.

[@hgent6626]

My aunt passed this year and she had no will . My uncle got half and me and my brother get half of the half I got an apprasial for a long time home we lived in with her on vacations to see her and that house she’s owes 200k on it it’s valued at 590k then she has a house she got in a deal where she bought it off the dollar I don’t really understand what’s to be expected but hope somebody can give me a little clearity on what I should do with my 25% 😮 any suggestions would be good

[@riverdancefly]

My uncle passed he had two properties One was in New York and one was in Florida. The house in New York was in his will. The house in Florida was not what happens to the house in Florida

[@Mrs.TJ516]

Probate most likely you need to call the probate clerk in whatever county he lived in.

[@FinelyRevealed]

The will would be filed in the place he died and the court would deal with all of the property and then there would be other proceedings in the places where the real estate is located to carry out the transfers etc.

[@bboychristyle]

What happens to the property if a person dies and there is no other living Ken. Does the bank take possession or does the state? Example estate sales are for the public like Trinkets and personal belongings but what happens to the house?

[@FinelyRevealed]

HI there- each case is different and depends on the local laws. Someone connected to the person normally would make a filing and search for heirs- up through grandparents and out to distant relatives. Real property with a lien on it would likely revert to the creditor if no one comes in to claim the property and salvage the equity, if any.

[@royjohnson465]

@@FinelyRevealed ~My closest living relative is a 1st cousin, I have a house, in dying without a Will then what would happen? Does the house go to 1st cousins or does the government take possession of it?

[@jessicaculver629]

Ok i have one that it didnt seem to clarify, mother passed, she had 3 sons but was predeceased by one who had a daughter. Does the granddaughter inherit anything or does it just go to the two living children

[@FinelyRevealed]

Depending upon the state law provisions (check those) the general rule is that the living children would receive property if there is not a will.

[@davebailey4200]

awesome info

[@jamiecaldwell4043]

My mother passed two years ago, without a will. Since she was single, her property passed to me. I recently got an affadavit of heirship so I can sell.the property......does my inheritance start at mothers date.of death, or date of the affadavit?

[@FinelyRevealed]

HI J. When a person dies any property they owned in joint tenancy with rights of survivorship or that was "transfer on death" or "pay on death" goes to the other person/people. Anything that is in just their name or owned "tenants in common" or bank account owned "and" and all their personal property forms the probate estate and then needs to be assigned by the court to whomever is /are the heirs.

[@CannaKen]

Thank you for your video may I ask you a question, please, and thank you, I am an Indiana my mother, past 8 months ago without a will. What kind of transfer papers do I need to transfer it to me so that I may sell it to my nephew? I have researched and seen that as long as no one sends her to probate within 8 or 9 months we the children are allowed to step up and sign it over to us and take over the payments? My mother was on dialysis when she passed and the company did threaten to send us to probate I stopped it by continuing her payments which I am doing still today. She did not owe anyone else any money. I know it's an easy simple maybe three or four papers with a notary to watch a sign it?

[@FinelyRevealed]

Contact the title insurance company who issued the policy on the house and they may be able to help you. Otherwise contact a real estate attorney.

[@neshaoracion2014]

My grandmother Pilipina /british citizen died 2010 with out a will .She has sole property in Uk.His late husband also died 2019.Our problem is we only have the title number and no contact to the children of his late husband.Our late step grandfather tell us before he die that the property title copy is in the hands of his children.How can we claim the property? We need help please. Thank you very @finelyrevealed i subscribe ur channel.God bless

[@FinelyRevealed]

This would require the assistance of a solicitor or barrister in the UK.

[@higuysrealtalkwithtracy4543]

Does a will need to be notarized?

[@FinelyRevealed]

It depends upon the state and in some states it can be entirely handwritten.

[@sjsmatt]

I live in my grandma's house with my two kids but I'm not on a will. She has no other family left but a sister out of state. Would the house go to her without me on the will? Or would she need to get me on?

[@FinelyRevealed]

When there is not a will the order of descent for property that is only owned at the time of death by the person who died, is to go down from the person - to children and grandchildren and if there are not any of those then up to their parents and then to brothers and sisters. Hope that helps!

[@sjsmatt]

@@FinelyRevealed thanks it definitely helps

[@mendoblendo321]

My mom passed no will but the house is now in and my brothwrs name ans we are going to sale it. My mom was in the hospital for a week before she died and what would happen to the medical bills? We have a probate attorney but haven't heard much back on this

[@CharliRay]

My dad passed and has an estate worth $600,000 or more his eldest sister is claiming to be executive of the estate and there’s no paperwork stating that or will I am the eldest son and he’s a widower what are my rights and next move thanks you for your time

[@FinelyRevealed]

So sorry for your loss. If you are an adult then you may ask to be the personal representative of the estate as you are likely the heir if that is your desire. Seek the assistance of a local attorney in the area where your dad passed to help you with the proper filings.

[@VeeFoster]

If I have a will, can I stipulate that, rather than leave to relatives, I want to put my house/ co-op on the market?

[@JBLYTHE46]

You did not say if when an individual dies and has no spouse then does the property go to the oldest child or if more than one child is it then divided equally?

[@FinelyRevealed]

Children are treated equally in an intestate (no will) situation. Nothing is automatic and court assistance for bank accounts, titled property (cars and real property) and investments is generally needed for transferring these.

[@SaffiatuPreciousJanneh-mg8eb]

How about if there's no will and I have a step father and he wants to take the house from us, what can we do please?

[@FinelyRevealed]

IF the asset is worth fighting over then you should contact a real estate or probate attorney in that area where the land and the deceased are located. We will do a video on the spouse's rights-

[@CoffeeConversations]

I Had a house that was left to me by my grandfather. But my name wasn’t on the deed. My cousin and my aunt took over the house because my aunts name was on the deed. Bothers me to this day that I did not fight it.

[@lindanorris2455]

THIS THAT YOU SEE ON KZbin WITH THESE SO CALLED INTELLIGENT LAWYERS ARE ALL FULL OF POOP! THERE IS NO AUTOMATIC TRANSFERS OF PROPERTY WITHOUT A FIGHT! ESPECIALLY IN MASSACHUSETTS1 WHERE THEFT AND CORRUPTION RULE! NO IT DOE SNOT LADY! SHE'S FULL OF POOP!

[@mendoblendo321]

I don't think there's anything you could have done unless you have proof

[@queenkandy4260]

So you could have fought it? How? What was you supposed to do? That's what I'm going through right now

[@legend_of_louie649]

@@queenkandy4260u can probate court only way u or whoever don't get nothing they would be left with a penny

[@Mike-mm8nz]

Father died no will. We owned property joint tenants with rights of survivorship 3 yrs prior to him getting remarried. Deed was never changed. Do I automatically own the property now he has passed. Actually asking if his wife can take our jointly owned property?

[@blueblack8076]

What if someone dies and the house was in foreclosure and a person buys it and I try to buy it? And they don’t have a clean title because it never went through probate? Then what? How do I buy this house and have the seller have a clean title?

[@FinelyRevealed]

HI Blueblack - you need to speak with an attorney in the state where the house is located asap. Make a timeline and take all of your papers. It depends upon whether this was a judicial or nonjudicial foreclosure. Best of luck!

[@ViralChavda-hd9iz]

Hi, My family friend die in Santa Clara County and he has only parents & Sister who are not US Resident (India Resident) and they are here in USA but have no clue how to approach court to get court order for his bank account, investment access and apple id access. Can you please help to get the information, how and what to do in this case?

[@agnescraine8258]

My oldest half sister, went over my head. And eeceived my fathers retirement money. She did not distribute the money to my 2 brothers or myself. Is rhere anything we can do? To get our parta?

[@FinelyRevealed]

HI Agnes. You need to determine if there was a will and contact an estate attorney to check the court records and advise you.

[@mariepersaud7524]

Do you work in other countries?? Guyana?

[@JigglyPuff777]

What happens if someone dies and they have no family at all their mother and father has died their only brother is dead and they had no children and their brother had no children so what happens then and the house is completely paid for by the way? Does the state take over property and possession and then sell it for whatever taxes might be owed for as long as it sits there or how does this work because we know of a property just like this and we are interested in it and it was left to absolutely no one there was no will and this person because I know them personally has no children no family whatsoever and his brother is dead and his brother had no children or was married so in that situation they're literally is no surviving bloodline what happens to the home then??

[@FinelyRevealed]

Creditors would likely take the property if they know about it and there are no heirs. Family can petition the Court to determine inheritance and ownership - brother's children- then up to grandparents on both sides- then down to aunts and uncles and cousins etc. If you wanted the house contact an attorney to help to a search to then make an offer to the owners.

[@missyspirit]

Are you saying if I don’t have a will my property will go automatically to my four sons? If yes is that only house or does it relate to car and bank account??? Thanks so much

[@FinelyRevealed]

Hi @Cindy Automatic transfers require the transfer documents to be set up - we have another video on that. kzbin.info/www/bejne/b5rSm4dvj62NY6M If nothing is done- no will etc then a court proceeding must be filed and in that these rules will apply and yes your four sons would inherit all property in that manner. Thank you for the question.

[@missyspirit]

FinelyRevealed thank you for your time energy and knowledge

[@joelonzello4189]

Mom passed last April and had a Condo owned in Joint Tenancy with her Brother. His now. Joint Tenancy bypasses Probate 🤬

[@quoteme.goddess6957]

😮

[@FinelyRevealed]

Yes it does.

[@joelonzello4189]

@@FinelyRevealed I spoke with several lawyers , sent screenshots of paperwork with Joint Tenancy shown , and the bastards tried to still get a retainer 🤬

[@hermanycardozo556]

Hi i need help on behalf of someone.. eg i have my grandmother i am taking care of and she has sons and daughters but they dont take care of her or worry about her they don't get along but my grandmother said when she dies i want you to own the house my grandchild but there is no will but i have the title deeds of my grandmother cannot afford for a transfer do i lose the house to them when my grandmother dies if they come fight me and claim it?

[@FinelyRevealed]

These videos may help you: kzbin.info/www/bejne/mmK5anV-fbyrh7c kzbin.info/www/bejne/b5rSm4dvj62NY6M

[@justjo510]

It was almost helpful. What if a person was married, had kids and died. Does their assets go to the spouse or children first??

[@FinelyRevealed]

Great question Jo! Spouse first.

[@JoseGarcia-wr1gl]

What about gandchild

[@FinelyRevealed]

HI Jose - grandchildren would come into the direct inheritance line if their parents are deceased already.

[@nawakaida7499]

Is this assuming that the home is paid off? What if it isn’t paid off yet?

[@henrybautista3293]

my father and mother passed away I have a brother and a sister my sister passed away to what will happen to land if both of our parents didn;t have a will only a tittle of the land how do I find if my mom left a will to my brother him not knowing ? /

[@TVlight01]

Respected Madam, My elder sister passed away in California, she had cancer. I am her only younger sister.. no brothers..my father is alive .. May her soul rest in peace. We had been informed by her that she bought a property joint with her husband there. Is my father eligible to get her part of the estate as she died without a will my brother-in-law informed us. We have applied for her death certificate. It’s on its way home. Kindly advise how we have to approach the court to declare her death and request a part of the property settlement according to the prevailing law in this matter. Thank you.

[@lolaahleex952]

What happens if a person had no family, spouse , zero family her in the USA , only had me a friend who took care of her for ten years until her passion , it was out of nowhere so she left no will . But on her death bed wanted me to take care of her assess if something happened to her

[@FinelyRevealed]

Sorry for your loss. Holographic (hand written) wills are legal and accept in many places. If she wrote something down that will work as a will. If there are witnesses to any verbal statements you will need to consult a local probate attorney to see what could be done.

[@walterbrown8694]

If there is any left over after all the liens/losns etc. have been satisfactorily discharged, the lawyers and the state get most of it.

[@terrim.602]

For the transfer in the succession, does the family need to go to court to get it transferred?

[@FinelyRevealed]

Hi @Terri yes- a court filing is required to be made. Will do another video to clarify. Thank you

[@patrickmorrison6253]

what happen someone has a will and both parent die but the town hall does not know they dead and she told me her kids are not in the will ?

[@FinelyRevealed]

Hi Patrick - not clear on the question. If a direct beneficiary is not named in the will and not 'disinherited' in the will then they may be able to challenge the will but filing an action in the probate court.

[@patrickmorrison6253]

@@FinelyRevealed thank you

[@nidasalvador9705]

thank u good xplain

[@gregwells6516]

I was next of kin am I initialed to any thing

[@dardallas7465]

If there was a will stating certain other people would have inherited then no. If there was no such will , provided there was something left from the deceased if you are the next of kin then you have that entitlement.

[@aeriko56nemira77]

@@dardallas7465 if i may ask something along this line if the beneficiary has been named but only as a union beneficiary and no will whatsoever that I know of nothing has been specifically named to fall under their name and they are selling that precious memory and lying and misdirecting and witholding information do I have any chance at all to preserve that precious item (In this case a vehicle) from being sold. Its worth almost 25000$ but i could care less about the monetary value its the memory of said vehicle that matters to me. Is there any way i can stop them from selling it as his next of kin?

[@MrRain-hk4zi]

Great explanation. Doing some home work as my father who raised me, but didn't legally adopt me, asked if I would be his executor. Looking into different things. I am leaning toward TOD's, POD's or just having him transfer titled assets into my name (vehicles and bare land in CA) That way I can control and disperse assets as he wishes. He has had me on his accounts as "Joint owner" for several years now. If one goes this route can one avoid probate? We plan on making me the Financial POA and Health POA. He has some assets I know where he wants them to go and also when he passes and debits are settled he wants me to equally divide liquid assets between me and my two sisters. With that being said I also want to create a Revocable Living Trust to avoid any "flies in the ointment". With that being said do you see any "flies in the ointment"? Trying to be thorough, simple, organized before hand. So very much appreciate your videos!

[@FinelyRevealed]

Glad to have provided useful information MrRain. You sound very organized. It may be beneficial for you to map out your plan and have it reviewed by a CA attorney. They may recommend your father prepare a will just in case. The choice would then be your father's.

[@MrRain-hk4zi]

Thank you@@FinelyRevealed

[@gregwells6516]

What is a legal will someone has it on paper or should you get a lawyer do it

[@FinelyRevealed]

Very good question. It is a document on paper- in some places it can be hand written and in others it must be typed and signed in front of witnesses. Will make another video. Thank you

[@Miguel-dq1ff]

My sister in law is claiming that my wife wrote a will ten days before she passed away in her house and left 60percent for her and my wife had dementia for 4 years and couldn't read or write Can that be true

[@jarrettvalentine9530]

I am widowed with 2 minors. Will the house go to my kids or my parent? Thank you.

[@FinelyRevealed]

Without a will it would pass through court to your children.

[@gradydillon23]

I have a qt my dad is in hospice and owns a motorcycle and has stated if he dies he will give me the bike but his girlfriend has the title in her and his name will it go to me or will I have to. Ontest it

[@gradydillon23]

Should I speak to sn attorney about this

[@FinelyRevealed]

titled vehicles do not go through probate unless there is no one who is alive listed. If he wants to change the title to the motorcycle he can- but would need to do that before he passes. The name(s) on the title will control.

[@FinelyRevealed]

yes if there are other issues and if you need assistance with helping your father now or after he passes.

[@elaine03812]

Here is the case are as follows; there are 5 acres and each acres has a owner, one owner died, and he has a son and daughter so automatic it will pass to his son and daughter his one acre shared right? And the 3 owners of each acres wanted to transfer it to the son of the one who died, can they do it? Probably yes right? So if they will transfer the 3 acres to the son, the son will have 3 and half acres, bcoz the other half he inherited it from his Dad the one who owns the one acre. So what will be the remedy if this son wanted to get the whole 5 acres? Hopefully I can get a response from you. I appreciate

[@linden5576]

Grandpa has a house. He passed away with no will. Three people are named on the house ; His three children, our name down the house. (All above 21 years old. ) One of the children or person named on the house has passed away. The deed was written up, if any of the children pass away, it goes to the deceased estate. The deceased has a wife and children. One of the persons named on the deed, wants to oversee or be the executor or associate over everything. Now, if the remaining people listed on the deed decide yes, will allow this person to oversee and make sure everything is dish, distributed, etc. etc., by signing the paper, allowing them to be the overseer executor whatever, do we sign away the rights or lose your portion of what’s owed to you when the house is sold? In other words, can that person that you’ve appointed to oversee everything, screw you out of your portion or inheritance? Can that person cut somebody out of their inheritance? I mean, I thought it was kind of weird that a father leaves his house to his children, and yet one of his children passes away so his portion would go to his son. Or the deceased person name down the deed estate . How can a person be sure that the person that’s appointed over the entire deed, will abide by the rules and give each heir their fair share of the port of the proceeds from selling the house?? Isn’t that what the probate lawyer is for to make sure that all of the heirs get their fair share, regardless of who’s appointed (executor/associate )over the grandfathers estate?? What if you don’t trust that person in the family that they will do the right thing and therefore you don’t want to appoint them over? By appointing them over the estate? Can they still screw you out of your portion? Because now you’ve wavered all your rights to contest because you appointed them over and now they’re going to screw you out there’s nothing you can do?

[@mznostressnostruggle712]

If it’s a blended family one person passes a month later the other person passes. No will. There are children before the marriage and then children made together. All members lived together in the same house for over 30 years. Who has rights? How is this divided up equally if no one is getting along after the death of both parents back to back?

[@FinelyRevealed]

Sorry for this terrible loss. Please contact a local probate attorney who can review all of the factors and spell it out for you. It will depend upon what was done with the first one to die and then go from there as far as who gets what.

[@kimla4807]

Question. My name n my sister name on a deed n she passed away n can I sell a house with my name on a deed?

[@FinelyRevealed]

If 2 or more people are on a deed to property with the words "as joint tenants with rights of survivorship" then when one dies the property is automatically owned by the survivor and they can sell it - will need the death certificate to record.

[@jayephbee]

Thank you 🙏

[@FinelyRevealed]

You’re welcome 😊

[@chrisrees7054]

I am a 60 year old (never married) male, I have three older sisters, according to what you said, (without a will), all of my possessions would go to them. Can I choose someone other than them other than them to inherit it all. Note: I don't think I have anything they would want. Just a $20,000 record collection and a $5,000 coin collection.

[@FinelyRevealed]

Hi Chris- yes, of course! Any person or charity or whatever can inherit by a will - it is your choice who or what gets your property, money etc. As a single person you can choose anyone. Married people need to include their spouse unless the spouse waives a portion of what they would receive even if there was not a will.

[@shanslade8756]

What if two people got married both had children from other people the first spouse dies so you’re saying everything will go to the living spouse then the living spouse dies, but did not have a willl? Who gets the land the property and vehicles does it get split or does it go to the last deceased children?

[@beatricelopez6088]

Question. If it’s never been married with kids , but spouse is on the death certificate. Who would the mortgage be transferred to?

[@Kneekneee]

How is there a spouse if the deceased was never married? Not sure what you are asking but if an unmarried person with children die, it automatically goes to the kids.

[@lynnettemartos6699]

What if they are the LAST person to die in the family?

[@FinelyRevealed]

If last without any traceable, living person from parents, grandparents, great-grandparents, cousins etc then without a will the property escheats to the state where they lived at the time of death.

[@fortedelivery8379]

My Cousin died and he had no children and he was single so his mom would be next to inherit the property. The issue here is the property has a mortgage and we don't know how to transfer to his mom.

[@FinelyRevealed]

A filing in probate court is required - contact a probate attorney in the location where the property is and give them a list of heirs and inventory of the personal and real property of your cousin. Sorry for your loss.

[@fortedelivery8379]

Thank you

[@AnneDahl-rr6wd]

And if declared crazy? Somebody worked hard on it!

[@dianemiller3095]

What if my father had a live in girlfriend that presented a quit claim after the death of my father..that my dad signed before his death..my father has no will ...she took it all

[@FinelyRevealed]

Heirs have the ability to open probate cases and depending upon the people involved and resources and his assets this may be something to consider to bring these questions forward for determination. Sadly this is not uncommon.

[@ailinmallo6926]

my husband he has conservator when he pass away where the property goes?

[@FinelyRevealed]

The conservatorship order will set out what that person can or has to do - it applies while the person (the ward) is alive. After a death then the will or intestate laws would control.

[@fishon1380]

My dad put house in mine and my sister's name , then he wanted to refinance so we took our names off then right before he died my sis had him quick deed to her. What I want to know is do I have the right to know how much he had in his account? Cause she blew up on me and after I asked his cause of death. I believe he was killed... But she said it was natural from sepsis. She and her bf , I believe already tried to kill me. When I had pneumonia my sister said my mom had medicine for me and this medicine put me out for 3 days and couldn't walk. My dad was found after police broke in he was passed out for 3 days in hall way and his body started going into sepsis. He recovered for a year doing great but then sis went for couple weeks . Came back for a couple then drove back to discover him dead.

[@FinelyRevealed]

Sounds like an autopsy would be in order. So sorry for your loss

[@chelseysmith2322]

If a sibling dies with no family and it goes to the other siblings who becomes executor? Is that the oldest sibling?

[@FinelyRevealed]

Without a will it is called a personal representative. If there is not a person available who can qualify and there are assets that a court needs to sort out and divide- there is usually a court administrator who does this.

[@TheTerrence28]

So if your parent got married again a few years before passing and your the only child, the new husband gets to keep everything if no will?

[@FinelyRevealed]

That could unfortunately happen. Don't automatically accept this though- check the divorce records for an old will that wasn't cancelled and the divorce attorney and court filings made after the death and get help to verify the state laws.

[@asyed1995]

Which age to write Will? Who lnows? Knows?

[@vmobile890]

Any age but see legal advisor of your rights . You can actually hand write something sign it and have notarized ?

[@_Vern]

My mother passed - No will - Theres my dad and 4 kids - My dad was the worst husband - he has a new life with his girlfriend who he goes to live with ever 6 months in Mexico - when my mother was alive I was her full time pca - and took care of all the paper work and bills - Please tell me what to - to get the house in my name We have had this house for 50 years - Im the one who takes care of it still - My siblings live out of town but are willing to write letter to help me get the house - Please help

[@callsignjackal8945]

Here’s a specific example. Husband dies with no will. Married for 4 years. Estate worth more than 100k including a boat, 2 trucks, and a suburban, boat, and four wheeler. Survived by wife, son, and blood sister. All in Arkansas btw and going to probate. Would the sister be entitled to anything? We’re at a loss here 😂

[@FinelyRevealed]

It does in the order set out in the video- without a will or joint ownership of property = the spouse.

[@AP-xq3jm]

This is a great explanation and very understandable. How does heir property change the succession? For example, if someone who is married, have no children inherits family property but then dies with no will. Will their portion go to their siblings or the spouse?

[@FinelyRevealed]

If you go back to the video beginning at 1:52 this is covered. The way the property changes ownership if there is no will and there was not any person designated in the deed to the property with the one who died (as a co-owner) or by a transfer on death deed then to transfer ownership a court filing must be made in probate court where the person died. Great question- will cover this again more in depth. Thank you

[@sandiegochocolatefountains]

What if ex wife is on deed of trust?

[@TheSushiandme]

Dang that's sad... so if I die my useless parents and siblings will get all my money I worked 2 full time jobs for... 😢😢😢

[@FinelyRevealed]

only if you do not prepare a will or transfer or provide for the transfer of your property to other people.

[@winifredparks255]

What if the person passed and the child is a minor but have a mother

[@mkk1959]

Could you please answer a question for me? Both my parents are deceased. Many years ago, their property was transferred to me and my 3 siblings. Since my sister and I took care of my parent's we were each left a 40% share and my brothers were left 10% each, should we decide to sell it. We have kept the home and our families continue to enjoy the property. My question is: When I pass away, does my share automatically go to my daughter? Or do I need to set up a Will to ensure this happens? In your opinion, what is the best thing for me to do? Thanks so much!

[@FinelyRevealed]

HI Mindy. Can't give you legal advice but maybe this will help- look at the language in the deed that transferred title to you and the siblings. You say 'should you decide to sell it' which indicates that there were conditions and directions beyond just A gives property to B. That may answer your question. To be safe you would always make your wishes about your share known by a will or alternate means that may be available in the state where the property is located.

[@fairygril69]

Who would be next to kin my children or his mother ? Not married to the father of our children

[@fortedelivery8379]

Dies this include a property with a mortgage

[@FinelyRevealed]

Yes - cars with liens and property with mortgages. Unless it is more reasonable to have the items sold and the proceeds left over after the debts are paid divided among the heirs.

[@jeff3638]

Trust,?

[@maureenbennett809]

Great!😁

[@arthurbland7605]

What about a surviving Uncle - in California

[@gustavoplancarte9667]

HOW IS A PROPERTY PAID OFF WHEN THE PARTNER PASSES AWAY AND NOT LEFT OUT WITH DEBT AFTER DEATH OF PARTNER ??