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My father passed away 19 years ago and left my mother our family home in his will. My mother passed away 8 years ago and did not leave a will. My parents have 5 children. Four of us have been responsible for the upkeep of the house, but now have determined that it might be best to sell the home. How do we go about doing this since my Mom didn't leave will? The 1 sibling does not have any interest in what becomes of the home. Thanks, Pam

michelle · Posted: Mon Feb 09, 2009 12:20 pm Post subject:

Hi Pam,

Unfortunately without knowing which state the property is in, it will be difficult for us to give the correct answer but Iwill try to answer for most states. I would recommend that you either post the state for the property or call a local attorney and ask the question.

In most cases, probate should have been opened upon your mother's death. After the required time, any assets left in the estate should have been transferred to her heirs. By reading your post, it does not appear that probate was ever opened or for some reason this property was not included. You may be required to open the estate for probate in order to get the property into the names of you and your siblings' names.

Because this appears to have legal ramifications, I would recommend you seek advise from an attorney prior to taking any action.

I wish you the best of luck. Please let us know if we can be of further assistance.

jenkin7 · Posted: Wed Feb 11, 2009 5:40 am Post subject:

Hi wheeler,

Since your mother passed away without leaving any will, you were supposed to file an affidavit of heirship with a probate court so the title could be legally transferred to her heirs by the court. However, since no probate was opened I think you should contact a county recorder's office to know further.

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house left to 5 siblings w/no will