my father died , left his home to his brother, his brother does not want it. he put will in probate , and now is going to do a gift of deed to me.

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my father died , left his home to his brother, his brother does not want it. he put will in probate , and now is going to do a gift of deed to me.

what happens now . i do not understand probate

Asked on June 5, 2009 under Estate Planning, Virginia

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Probate is a court process in which a deceased person's estate is administered.  The court basically supervises as the will's executor makes sure all debts are paid, including any outstanding medical bills, funeral costs, creditors' claims, state and federal taxes, etc., and then the remaining assets are disbursed according to the wishes of the deceased.  Once probate has been completed, the home will belong to your uncle if that is whom your father left it to, and then your uncle can do what he wants with it, whether it is to sell it or to gift it to you.


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