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does my house have to go in probate

Question Details: my mom passed away 1999 and my dad passed away 3 days ago there was no will for my dad but i do have a willl for my mom who was seperated from my dad but not legally divorced. her will says she left everything to her heirs. my moms name is still on the deed. my dad gave my mom the house during their seperation but was ot recorded with the county registra. my dad aleays told me the house would go to us kids but our names were never added to the deed or put in our names.is there any way of getting out of probate. and what do i do if i dont have the money for probate attorneys.

Asked 9/29/2009 under Wills, Trusts, Probate | 207 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

Robert Spitz / Law Offices of Robert J. Spitz Answered 2 years ago | Contributor

The only way to get a deed in your name so that you can sell the property is to go through a Probate.

Probate fees for the attorney are paid out of the proceeds from the sale of the property.  Don't worry about paying the Probate fees, these are paid out of the sale.

You should discuss all of this with a Probate attorney.

Call my office if you would like further legal assistance.

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