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 RonScalf
Joined: 06 Jul 2007
Posts: 1
1.38 Dollars($)
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 Posted: Fri Jul 06, 2007 10:46 am Post subject: My father passed away leaving a piece of property not deeded |
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How does a family sell a property owned by the father who passed away not leaving a will or deed to the property in question?
We have a bill of sale and want to sell the property. |
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piccolo
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0.10 Dollars($)
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| Posted: Fri Jul 06, 2007 12:04 pm Post subject: |
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| Quote: | | How does a family sell a property owned by the father who passed away not leaving a will or deed to the property in question? |
As your father did not make a will, property will be divided as per laws of intestate succession applicable in your state. And only after property division is completed you will be able to sell your share of property. |
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miller_st
Joined: 17 Jan 2007
Posts: 917
168.84 Dollars($)
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| Posted: Fri Jul 06, 2007 5:56 pm Post subject: |
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Before family can sell the property owned by father they will have to gain ownership over it. Who will be getting how much share of this property is not known as your father did not make a will. In situation such as one you are in property will be distributed as per laws of intestate succession as mentioned by Piccolo.
If you tell me which state you are from then I can give more details about the laws of intestate succession as used in your state.
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jenkin7
Joined: 04 Jun 2007
Posts: 939
140.80 Dollars($)
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| Posted: Fri Jul 06, 2007 9:44 pm Post subject: |
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Hello Ron,
As your father died without leaving a will or deed, hence the property would be distributed amongst all the members of the family. The distribution, in terms of the share of property would depend on the state laws. I do need to know you are from which state? For example, the statutes of New Jersey provide for the allotment of property to heirs, that is, by intestate succession. In Texas, the property is allotted to the heirs by Dying Intestate (Without a Will). |
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larry
Joined: 27 Jun 2007
Posts: 3328
473.51 Dollars($)
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| Posted: Fri Jul 06, 2007 11:03 pm Post subject: RE: |
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Hi Ron,
You must have the ownership of the property before selling it as no will is there with you. Then according to the Intestate Succession Law, you would be inherited to the property right after your father and distribute the share accordingly among yourselves. |
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Rosetta
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| Posted: Sat Jul 07, 2007 4:41 am Post subject: |
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Ron,
| Quote: | | We have a bill of sale and want to sell the property. |
You have talked about the bill of sale. But, it is applicable for a personal property and not for a real property. The property that you are talking about here is the real property.
Rosetta |
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Maria
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0.10 Dollars($)
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| Posted: Mon Aug 04, 2008 6:38 pm Post subject: intestate sucession |
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| My daughter passed away leaving a 15 year old daughter and me. The daughter's biological father wants to sell my deceases daughter's house. What can I do to protect my daughter's assest? |
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jameshogg
Joined: 20 Dec 2005
Posts: 1526
Location: nevada
213.50 Dollars($)
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| Posted: Mon Aug 04, 2008 10:35 pm Post subject: RE: son in law wants to sell property |
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Hi maria,
Welcome to forums.
Did your daughter prepare a Will for the property? If not, then you can execute an affidavit of heirship and remove your deceased daughter's name from the title and out yours on it. Then you can transfer the property into a living trust with you as the trustee and your grand daughter as the beneficiary.
Do contact an attorney to help you in the legal process. Also, check out what's a living trust all about.
Thanks |
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