Posted on: 06th Jul, 2007 10:46 am
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.
We have a bill of sale and want to sell the property.
"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.
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.
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.
Miller
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.
Miller
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).
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).
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.
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.
Ron,
"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
"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
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?
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
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