A lesson in the importance of planning
Oct 31, 2011OUTCOME: Formal Probate and most likely a suit to Quiet Title
Dad helped daughter buy a house. Dad's name appeared on the title along with daughter. Years later dad died without a will. Daughter now wants to refinance her house but dad's interest must be cleared ... from the title first. Because dad was on his second marriage and he died without a will his interest in his daughter's house goes 1/2 to his wife and 1/2 to his 9 children. Now instead of just dad's interest daughter has 9 other people on the title to her house with her. If dad had done a will, he could have left his entire interest in daughter's house to his daughter. If dad and daughter had established rights of survivorship on the deed no probate would have been required. Had they consulted a lawyer before the daughter bought the house, dad's name probably would never have appeared on the title thus eliminating any of the current issues.
