If a Will is not probated, do I have legal responsibility for my father’s property?

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If a Will is not probated, do I have legal responsibility for my father’s property?

I’m not the executor in this Will; I have no interest in the house either. The city wants me to assume responsibility for a dilapidated house. It is not in my name but they claim that I am responsible for it since I’m an heir of my father.

Asked on May 4, 2012 under Estate Planning, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

So long as you do not receive letter's testamentary with respect to the probate of your father's estate you have no responsibility for his dilapidated home even though you are an heir with respect to his estate.

So long as the home is not placed in your name, you have no responsibility with respect to it personally. If you are the executrix of the estate, then you have a responsibility with respect to the home only on behalf of your father's estate.


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