Legal Question in Wills and Trusts in Arkansas
Worried
My father died with no will.His house is paid for and only
worth about 26,thousand.There are no other moneys,cars,ect.
Just the house and whats in it.He owes creditors,credit card companys mostly.Will the house be sold to pay them
off? My husband,myself and brother are living in the house and were all living there before he died. I took care of him and did not work.This is the only place we have to live.
Is there a way to keep the house,so it won't be sold and what is the time limit for probate? He died in October 2003.
We don't want to be put out in the street.I just recently paid his delinquent personal property tax on the house.
Help please!
1 Answer from Attorneys
Re: Worried
In AR, when someone passes intestate (without a will), there is a line of succession as to who receives the property. I assume your father was not married at the time of his passing. If he was married, that will change the answers I am giving here. But, if he was not married, the house and any property will pass to you, your brother, and any other children your father had.
Since there is no will to probate, the procedure will depend on where you are(what jurisdiction). There are some options available to you. Do any of the creditors have a lien or any other claim directly against the house? You will want to get the house put in the name of you and your brother (and anyone other siblings). There may be more than one way to deal with the creditors to be able to keep the house. I would need to look at the debts to see if they are dischargeable or how you need to deal with them.
I need to ask you more questions. If you would like me to help you, please contact me.
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