Home arrow Mortgage Forums arrow Deeds, Property Transfer and Estate Planning arrow

house left to 5 siblings w/no will

Author Message
wheeler65

Guest







Post Posted: Mon Feb 09, 2009 11:53 am    Post subject: house left to 5 siblings w/no will
Like 0
Dislike 0

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
_________________
Need help choosing the right loan? Get free consultation from community lenders/consultant
Icon Mini Profile michelle
michelle
Community Expert
Community Expert

best lender badge

Joined: 08 Oct 2007

Posts: 153

40.40 Dollars($)
Post Posted: Mon Feb 09, 2009 12:20 pm    Post subject:
Like 0
Dislike 0

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.

_________________
Michelle Keck
Mortgage Network Solutions
302-252-0100
www.michellekeck.com
Icon Mini Profile jenkin7
jenkin7




Joined: 04 Jun 2007

Posts: 4537
Location: Hawaii
728.43 Dollars($)
Post Posted: Wed Feb 11, 2009 5:40 am    Post subject:
Like 0
Dislike 0

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.
Quick Reply
Your Name
Subject
Image Verification


Can't read the image? click here to refresh
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Refinance Quotes
Call for Rates
888-485-7561
Speak to a lender now.

We will match calls to our toll free number with our network of lenders.

Ask Questions
Community Attorney
Joshua Heard - Attorney Joshua Heard
Houston, Texas






Highlights
Helpful References
Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Our Community
MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards
Five simple ways to earn money with the Mortgage Community.

New and upcoming tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool






Community Chat

We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0
Page loaded in 21.075 seconds.