Father Passed Without Will (ms)
Location: Mississippi
First time poster in this subreddit.
My father passed about a month ago without any sort of will in place. He left behind a home that has around $80,000 left to pay off on the mortgage. The mortgage is set up through an individual not a bank.
On the "land sale contract" between this individual and my father it states: "The provisions of this agreement shall apply to and be binding upon the heirs executor's administrators successors and assigns of the respective parties hereto."
I am my father's only child he has no spouses just one ex wife which is my mother. He has some brothers that have no intentions of taking on the home.
My question is, do I need to establish heirship legally or is it implied simply because I am my Father's son and there are no other parties that will contest this?
In other words, do I need to take any legal action before informing the seller of my father's passing? Or can I simply inform the seller and take over the contract with no risk of losing the home.
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