What is the law if my father-in-law passed away suddenly and left no Will but vocally expressed his wishes to all family?

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What is the law if my father-in-law passed away suddenly and left no Will but vocally expressed his wishes to all family?

Our home is in his name but he wants us to take his and pay it off. What happens to his estate? Can my family all agree to what his wishes are and avoid going to court?

Asked on March 24, 2014 under Estate Planning, Washington

Answers:

Marjorie DeCastro-Hirsch / The Law Offices of DeCastro-Hirsch, P.A.

Answered 7 years ago | Contributor

I am sorry for your loss. Unfortunately even when someone dies without a Will, you still need to have a probate filed to properly transfer property and assets as well as advise possible creditors, who can file a claim against the estate. If this is homestead, a petition to determine homestead status will also need to be filed. I would recommend you consult with an attorney.


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