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Bambi | Im a only child to a homeless man who died in AK.How can I get his property in my name worth $9000 wout a atny |
My dad passed away this year. He was homeless and had nothing but a piece of property which he was 3months behind and behind in taxes. I have made all those payments pluse taxes pluse all payments and taxes since. He never remarried and I'm the only child. He does have medical bills, but is covered from the VA. That is all he had. What do I need to do to get the property in my name with out hiring an attorny? |
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Dr. B
|
Call the state attorneys office in AK and explain the situation. Laws vary from state to state. Someone there can surely steer you in the right direction.
Attorney General Talis J. Colberg
P.O. Box 110300
Juneau, AK 99811-0300
tel: (907) 465-2133
fax: (907) 465-2075
email: Attorney_General@law.state.ak.us
I'm curious - was he really homeless in Alaska (AK) or did you mean Arkansas (AR)? |
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ocdaedalus
 |
If your Father didn't have a will you will need to petition the court in AK to be named the administrator of your Father's estate. Once you are the administrator you will be able to make legal decisions on his assets. You then need to follow the case through to be named his beneficiary. This shouldn't be a problem if you are an only child and your Mother is also previously deceased. If your mother is still alive then your father's assets will automatically go to her as the beneficiary. If you don't want to hire a lawyer you could try one of legal help companies but you will most likely need assistance of some kind. The process can take months depending on the local courts. |
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Fordman
|
Contact the funeral home. You will need proof of who you are, and you will need copies of the death certificate. You will then have to go to court to be appointed as executor of the estate. You will go to probate, and declare yourself as sole heir. The judge will award you the property.
At least that is what I had to go through when my dad died. Check out getting a lawyer. It shouldn't cost you that much since there is so little property involved.
Sorry for your loss.
good luck. |
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Elaine M
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Unfortunately you DO need an attorney on this one, but cheer up, the initial consultation with any lawyer is usually free for the first half hour or full hour. At least you can get their opinion before going further. Several opinions, actually. |
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Ben Thayer & Don Thatt
 |
You will have to file the the county of domicile and ask to be appointed personal representative. Then you will have to follow the laws of intestacy for the state. Laws of intestacy mean that someone died without leaving a valid will, i.e., the state has drafted a default one for your dad. Some states have "express" probate processes for small estates. You may need an attorney to help out what, when, and how to do the filing.
I executed my father's estate and there was no way I could have done everything that the attorney helped with, even though in-process he told me I knew as much about probate as half the attorneys in that county. For one thing, it was probated 200 miles away and I made enough trips without having to show up at probate court a number of times. He also filed the state and federal tax returns. In our state (OH), the attorneys' fees are fixed at a certain percentage of the estate. Money well spent, IMHO. |
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TK
|
If your father died without having made a will, then he died intestate and you need to file a petition for the administration of his estate with the appropriate probate court in Arkansas. (It should be the probate court within the judicial district where your father resided.) A petition for administration in Massachusetts, for example, is simple enough for non-lawyers to complete. You will also file a fiduciary bond, which is another simple form, and a certified copy of your father's death certificate. If you do not also reside in Arkansas, you might be required to file a form appointing a Resident Agent, a person who does reside in Arkansas, for purposes of service of process in case someone has a claim against your father's estate.
You will have to check with the probate court on the amount of the filing fee, which usually runs around $250.00-$500.00. You may also have to publish a legal notice in the area newspaper, which is intended to give notice to potential creditors and others of the petition that you have filed. This too will cost a few hundred dollars.
Once your petition for administration has been allowed by the probate court, title to all your father's property vests in you as a matter of law. Your ownership will relate back to the date of your father's death. You should inquire as to whether you are required to file an estate tax return with the State of Arkansas in your capacity as the Administratrix of your father's estate. (A Federal Estate Tax return is not necessary since your father's estate is far below the threshold that would require a filing.)
You should be able to take care of all this in 60 days or less, so long as you pay attention to detail.
Take care and good luck. |
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Bill M
 |
You might need an attorney. You will definitely need proof that the taxes and the loan were paid. |
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Many
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u cant do much there are free attorneys and u have to prove its ur money |
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You ask, I answer
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can't do anything. you need to prove you are his child. |
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dartthrower22
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my guess is to go to the county where that property is registered in his name, try to get his death certificate, and if your birth certicate has his name on it you should be set.
Make some calls first and see how this goes. |
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sentimoko1
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ask the judge is the only way, or trough a lawyer |
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khalyd c
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if you are his only child...the property should be in your name. you might have to prove that you are his child, but i doubt there will be anything more to do... |
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maverick
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maybe start by talking to someone at the tax office. I really dont know |
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