Home still has a mortgage that son pays and his companion is trying to take over home. What can we do to have companion removed and ensure property stays safe?
Did father have a will and was a probate estate opened? If he has a will, the will controls. However,
your husband can open an estate in the county where his father lived - either testate (with a will) or intestate (without a will). If father did not have a will, companion gets nothing and his heirs at law will inherit. If father had a will and it names companion as a beneficiary, companion gets what is given to him/her. I suggest that your husband contact an estate attorney in the county where father lived.
I agree with Ms. McMahon's answer. In Delaware, you can open probate with or without a will. The will controls who gets both real and personal property. If there is no will, the Delaware laws of intestacy control. The companion would likely have no interest in the property if there is no will.
It would likely be necessary to open an ancillary estate in Florida to deal with the real estate there. Some Delaware lawyers practice in both states. I recommend consulting with a Delaware attorney to open probate for you and answer your questions more fully.
I hope this was helpful.
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