property owner dies

So heres the deal. Bout 2 months ago i was thumbin through our local paper and glanced through the delinquent property tax section. My father showed up with my child hood home. I did research and our county register of deeds has him as sole owner. I finally discussed it with him on the phone. He was in Texas and Im in Kansas. He said he had no need for the house where as im young and i do want it. He said what i expected retaining what he last remembered of the house. He suggested i call the company that owns land round the house and ask if their owner of certificate. I looked that term up and it said name on deed which is his. I still called and their exact words were “its our property but someone just bought it.” Didnt actually answer. I talked to the court house and lady said since he’s not interested he needs to sign a quit-claim deed to me. She was pretty adamant he needed to sign it in front of a notary. Well problem is he went in the hospital for breathing problems and was placed in a medically induced coma.

I got informed this past monday he passed away. I know he was married. Ive had alot of things running through my mind and one being the old house. Im pretty sure he didnt have a will. So Im curious what would happen to the house now.

I know theres someone living in it. Dads sister was talking to my cousin bout the house a while back. She said he might have gave the land round the house the house. However that was like 4 years ago. If someone just GAVE you a house wouldnt you do whatever it takes to make your ownership unquestioned. Instead he’s still on it and hasnt lived there since bout july of 09.

You should see a lawyer.

See a lawyer.

Dad was in Texas, you’re in Kansas. Lawyer can tell you whose law applies for no will. (Wild IANAL guess - Texas)

Presumably the default is - divided half to current spouse if surviving, rest evenly among children. The law may recognize “homestead” that the couple’s current house goes to the spouse, but the rest is estate.

It’s easy to look these things up on the internet, but only a local lawyer can tell you how to make things happen for real.

Moderator Action

Since this seems to involve legal issues, it’s best suited to IMHO.

Moving thread from General Questions to In My Humble Opinion.