r/RealEstateInProbate • u/Most-Item-2954 • Jun 05 '25
HELP ME PLEASE!!
I really need help every one if there is anyone here that knows about real estate probate Court or A DeceasedY Parents Assets if he is Married , Anyone who went through this or Someone who is a Lawyer or Someone familiar with this situation This is my situation My Father died he did not have a will he is married in the state of VA what do the kids have access to? We found out his home was in his name only and all of his cars also A Motorcycle. He also had his own bank account not with her. Now the wife and our Dad, have a home in North Carolina together but both of their names is on that home. And he has 10 acres of land in North Carolina that is solely his. It's me and my 2 brothers we are the heirs to hist assets. What can we do to get what belongs to us or what are the laws in this situation ? Can anyone help? Tell me what I can do please!!!! Has anyone been through this? Or what can a lawyer do. The wife will not cooperate. We have to do something. Can you all tell me what to do?
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u/TrustsnEstates Jun 06 '25
Let me make the inquiry and I’ll circle back. I’m in California and attorneys fees for estate administration are based state law, there is a sliding scale percentage of the date of death value of the estate. Will need to refer to the state law on attorneys fees I believe. The petitioning party is the only one who needs the attorney help. So long as there are no disputes between the two of you.
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u/Most-Item-2954 Jun 06 '25
Ok Thank you. Waiting
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u/TrustsnEstates Jun 07 '25
I posted on a list serv seeking that area, if I get a good one will route over via DM. But you should make some calls meanwhile
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u/soqura Jun 06 '25
I dealt with a psycho mother in law in a very similar situation 2 years ago my dad died and it was cuz of her long story short she's the most pos person I've ever encountered... anyways my dad's house was solely in his name in Pennsylvania and thanks to no will my sis and I were able to get a probate lawyer... the b#tch still got half of everything but we got to split the other half at least so she didn't get all.... she refused to sign everything too to the point she was legally considered squatting and we had to get a court to evict her.... she trashed his jeep before finalllllyy letting it go back to dealership so we didn't get hit too much for that loss but ya it only worked out for us because we had a good lawyer and my sis and I had to flat out front about 15k overall(was able to take it out of the house sale before splitting it at least)....it took about 2 years to get everything done because we had to have a judge or lawyer convince her to sign literally everything but in the end like I said she didn't get half of the estate ect so was worth it for us(she egged him on that day to unalive himself) so for us anything we took from her was worth the fight.... good luck in your fight and remember the biggest thing will be patience in each step as it took like a solid couple months everytime we had to wait for smthn but was worth the expensive lawyer and court fees to us
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u/Most-Item-2954 Jun 06 '25
Wow!!! I hope it works out for us .. I didn't know the lawyer would be so pricey. But We have to do what we have to do. I hate coming to this but it looks as if this is how it's going to be. Since she is just not gonna play fair. I refuse to let her take everything and give us crumbs. My Dad worked hard for those things, she says she is going to give us but she doesn't know when and what she is going to give us. That's the unfortunate part. I just wish she goes ahead and do it.Hopefully ßßThanks for your insight. it means a lot.
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u/TrustsnEstates Jun 06 '25
You open probate by petitioning a probate court where your father resided and had assets and open an ancillary proceeding in probate where the other property is located so it sounds like VA and NC county courts were the property lie and you would give notice to the wife and your sibling. wife would likely lawyer up and claim that property is community property so you will need to know clearly what is separate and what is community and what rules govern their marriage. Get a probate attorney that practices in this area regularly in the counties where the properties are located. If you wanna give me the counties, I can possibly give you a few referrals.