My sister passed away. With no will. She and her boyfriend bought a house. How does her name get removed from the house? Who's the beneficiary?
Because they were not married then community proerty does not come into play here as to your sisters rights in the house. It all depends on how the title was recorded and other issues such as how they agreed to divide the equity in the house, etc. You might need to sit down with a probate attorney on this as your sister's share of the house might require that you probate her estate.
Step one is to determine who is on title and how title is held. If sister and boyfriend as Joint tenants, the house is now the boyfriend's. If as tenants in common, sister's estate holds title to one-half. If only in the name of sister, sister' estate holds title to the whole house. If only in boyfriend's name, boyfriend holds title to whole house.
If as tenants in common or sister's name alone, a probate will be necessary.
The heirs are the children of sister and if no children, her parents or the descendants of her parents.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
That depends on what her ownership interest in the house is, and who her heirs are. If the property was held in joint tenancy, it will pass to the other joint tenant. If it is simply held as tenants in common, then the heirs of your sister will inherit her share. If she has children, they will share it, if not, then parents, and if no parents, siblings.
If they held the house as joint tenants, then the boyfriend gets the whole house.
If they held the house as tenants in common, then your sister's heirs are in this order: spouse, children/grandchildren, parents, siblings, nieces/nephews, etc.
First you need to find out how your sister and her boyfriend held title to the house. If they held it as tenants in common, then a probate would be the next step to transfer title to her heirs. If she had no children, grandchildren or parents living, then you as her sibling would be her heir and you could start the probate proceedings to transfer her share into your name.
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