You will need to have a probate attorney.
If he did not have children-you would be entitled
to full ownership of the house.
However-you have a previous post and if the house is upside
down and in foreclosure-you should proceed with caution under the
guidance of an attorney.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
If there is no will you still file for probate, but under intestate law. While it is possible to do this without an attorney, it is not a good idea.
If the house was truly held solely in his name, it will need to go through probate. If it has been over 2 years you can use Summary Administration (a quicker and less expensive method probate). There are other issues you will likely need to contemplate, such as if there was a mortgage in his name, final taxes, etc. I recommend that you consult with a probate attorney.
First off, my condolences on your loss. However, truly, this is one of those times where not having a professional assist you could cause much more harm than the money saved. Foreclosure and probate are two issues that in recent years my office has seen overlap a lot and you should be acutely aware of the consequences of any choices you now make concerning this property. You would not try to fix complicated electrical or plumbing issues on your own so likewise, please do not try protecting your legal interest in this property without professional counsel. Good luck on your path, and again, my sincere sympathies.
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