The property can't be taken from you because it isn't yours yet. Only after the estate has been opened and administered can you receive the property. That being said, the property can be taken from the estate if you don't follow the proper procedure for opening the estate, notifying creditors, etc...
Generally, you need to wait until the statute of limitations expires for claims against the estate before you can transfer the property. If you hire an experienced estate administration/probate attorney, the entire process will take roughly 6-9 months.
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Licensed in MD, PA and DC. This is not legal advice. I am not your attorney until we have mutually agreed that I... more
Licensed in MD, PA and DC. This is not legal advice. I am not your attorney until we have mutually agreed that I am your attorney. You should consult with an attorney licensed to practice in your jurisdiction regarding your specific circumstances.
Property whether it's real estate or what's called 'personal property' (everything other than real estate) will typically pass to the person(s) designated as beneficiaries in the deceased's Last Will.. If the person died with no Will (what the law calls 'Intestate'), property passes according to State law that applies to Intestate Succession. Once a probate Estate is opened, the property can pass by authority of the Executor as outlined in the Probate Court's letter of authority. It doesn't have to take long and once it is transferred legal title (ownership) vests in your name.
Once an estate is opened, title can be transferred very quickly. As to whether the property can be taken away, it is not clear from your summary who would do such a thing or on what basis. A probate attorney could be a really good resource for you, because it sounds like you are a little overwhelmed, at the moment.
I am licensed to practice law in the State of Michigan and have offices in Wayne and... more
I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration.
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