Legal Question in Wills and Trusts in Idaho
Father with no will
Father died and parents had been divorced for years, and my aunt (his sister) is claiming ownership of all property. No will or documents substantiating claim. Who are legal owners of my father's property? There are four children, all of which are of legal age.
1 Answer from Attorneys
Re: Father with no will
Look at his divorce decree to see what of your father's property was granted to him. anything that they purchased during their marriage with money earned during their marriage would be community propert. The divorce decree sets forth what is your father's property after the divorce and what isn't.
this should take care of your question of what is or is not your father's property.
you should file for probate of your father's will or his estate if he didn't have a will. If you are appointed personal representative of his estate you can take legal measures to recover property the ex-wife may still have and was listed as his at the time of the divorce.
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