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I am my father's durable power of attorney and will be the
executor of his will when he is gone. My mom died a year
ago. The will states the property will be jointly heired by
us 4 children. Presently, my brother "caretakes" the
home rent free with no responsibility or cost on his part.
I would like to get the property protected from probate,
as well as what I might do about the brother living in the
home, particulary after my dad passes and the heirs
assume joint responsibility for the property.

liaoyu03 · Joined: 09 Sep 2007 Posts: 166 4.48 Dollars($)

it's depend on the testament and the rule of law. you can employ a attorney for you. your father have 4 children, so ,I think you and your brothers can jointly own the property.

Caron

Hi Lynnsrainbeau,

Welcome to our forums.

If there is a Will already set up by your dad, then you cannot avoid the probate. The probate is a legal process which is necessary to bring the Will into effect.

The probate process is undertaken by the court to allow others to object to the Will and to determine if the Will is valid at all keeping in mind the objections.

The probate helps to avoid certain situations given below:

1) Someone might claim that the Will has been drafted under a person's influence and not at the willingness of the property owner. Or the Will may be thought of as a fraud case.

2) There can be allegations that the Will has not been property executed or may be it's a forgery. Claims made by anyone can have an effect on the interest that beneficiaries are supposed to get from the deceased person’s estate.

3) There may be another Will on the same property and if it is valid it can replace the older Will. There can be speculations that the Will has been drafted at a time when the deceased person was not mentally fit.

The property won't be harmed if there's a probate; rather it will be distributed as per the Will which can become affective only after a probate.

Good luck

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