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 seanblack70
Joined: 19 Oct 2009
Posts: 1
1.37 Dollars($)
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 Posted: Mon Oct 19, 2009 4:46 pm Post subject: what happens to property when someone dies and there is no w |
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| My mother died and there was no will. There are 3 direct descendants ( two sisters and myself), and because of location we agreed to make the elder sister executor of the estate...the other sister and myself agree to sell the property but the elder is being noncompliant......avoiding the issue. We gave her a buyout option but there is still no action being taken on her part...this has been going on for over 5 years and the house is vacant....what are our legal options. |
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thewretched02
Joined: 23 Jun 2009
Posts: 115
23.90 Dollars($)
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| Posted: Mon Oct 19, 2009 6:43 pm Post subject: |
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Disclaimer: You should really get a firm legal opinion rather than trusting a forum response, but....
My father recently passed away and my brother and I are both executors of the estate, so I'll tell you what I've recently found out:
The executor(s) of the estate have the obligation to discharge the requests of the will, but if there is no will - as in your case - the executor would have more or less full control over what happens to the house.
Once probate is established, the executors can act in the place of the deceased - do you know what happened with the legal ownership of the home? If it's been signed over to the three of you, then you're fine, but if not, the house is probably in your sisters name as she is the executor.
I hate to say it, but this could be why she's avoiding the issue - why would she buy something that's already hers?
Sean, I think you really need to speak to a lawyer on this one!
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smithsussane
Joined: 18 Sep 2008
Posts: 3738
Location: Alaska
561.45 Dollars($)
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| Posted: Mon Oct 19, 2009 10:16 pm Post subject: |
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Hi seanblack!
Welcome to forums!
If the property deed has all the three names, then you and your other sibling can file a partition lawsuit. The court will judge the whole situation and order the sale of the property. Once the property is sold off, the mortgage (if any) would be paid off first and then the rest of the amount would be divided amongst the three of you.
Feel free to ask if you've further queries.
Sussane |
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jheard
Moderator
Joined: 12 Dec 2007
Posts: 599
Location: Houston, TX
98.69 Dollars($)
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| Posted: Tue Oct 20, 2009 6:14 am Post subject: |
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If there is no will, property passes by "intestate succession", that is, by the rules set forth in your state's statutes. If there is a title asset, such as a house or car, you will probably have to go to probate court and get a court order to transfer ownership.
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Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation. |
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Sean
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| Posted: Tue Oct 20, 2009 10:05 pm Post subject: Thanks |
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| thanks for all your responses on this one....looks like legal counselling is my best option....hate that it comes to that, but I think I have exhausted all other means....thanks again |
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