Posted: Tue Mar 17, 2009 7:14 am Post subject: someone is on title and has died
in British Columbia, if the house is not listed in the will does the property automatically become the spouses or are there processes to follow
Guest
Posted: Tue Mar 17, 2009 7:24 am Post subject:
if the will is not prepared then it will become without any doubt to the legal successor's property.
but before that one need to take into consideration that the person who died should not have any liabilities towards the loans otherwise some part will go towards the govt.
it all depends on the will and thus should be carefully discussed with the autorney.But one need to look into the matter as many of the times if the person who died is having liabilities towards the house then it has to be adjusted and then the remaining portion will be given to the legal successor.
But according to me it should be given directly to the spouse if there are no legal disputes.
As far as I know British Columbia is not a community property state. Thus, as a spouse you do not inherit the property automatically. As there is no will left by the deceased, the property will have to be probated first. The judge then will decide on how the property should be divided as per the laws of intestacy applicable in the state.
In general, when the person dies without a will signed, property will be transfered to the spouse then to the elderly child then to others. But they have to claim. If any third party cliams that, they need no objection from spose and chilren. Hence the property do not go anywhere. but the nominees need to pay the stamp fees. These fees are nominal when filed immediately after the death along with a death proof. One who is the property owner, will be liable for any debts then.
cafrancis1
