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You may be entitled to a share of the proceeds from the sale of your deceased mother's house. You will, however, have to file a claim. Remember that if your mother left any debts, like a balance on the mortgage, the court or arbiter is obligated to weigh heavily in favor of the lender. Any additional debts your mother my have had at the time of her passing will also have to be considered, and claims for loans or lines of credit that were extended to her (and were accepted) will allow another or others to make claims. If you have siblings, they may make a claim as well. It is usually wise to look into your mother's finances to gain a measure of her solvency. If she owed a great deal on her mortgage and for other debts, there may be little "left over" that could be fairly considered as something to be "passed along" to you. A legal professional is usually a good bet in a situation like this, at least for an initial consult. They usually don't charge much upon that first visit. Hit the web, find some pros, and make a few calls. Condolences for your loss.

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Q: If my mother died and her house is in probate am I entitled to part of the proceeds of its sale?
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Related questions

Can a brother contest his sister for selling their parent's house and not sharing the profits with him?

That depends on lots of factors. If she is the executor of the estate , and the house is not explicitly addressed in a will, she can sell it and distribute the proceeds according to the will. You can always contest the actions of the executor. If she was left the house by terms of a will, you are not entitled to any of the proceeds. If you and she were left the house together, then you are entitled to a portion of the proceeds, and to a say in whether or not the house is sold in the first place.


If a house that belonged to a decedent is sold do the proceeds of that sale become cash assets of the estate?

Yes. The proceeds will be used to pay the debts of the decedent and the costs of probate and the remaining balance will be distributed to the heirs according to the will or the laws of intestacy if there is no will.


How do you find out for sure if your mother has left her house to your sibling?

You and your lawyer must examine the will. If there was no will, no one is entitled to inherit anything. But if this is the case and your mother is dead you can buy the house.


Mother dies has 2 daughters her husband is step father she leaves no will are they entitled to half of the house?

The husband gets the house.


If you own a house with your spouse and are in the process of getting divorced and the house sold before the divorce do you still split the proceeds?

If both of you signed the deed to the house you are entitled to half. However if your spouse owned the house before you were married it belongs to him.


If you are on the deed how much are you entitled to if the house is sold in New York State?

Depends on how the deed is written. In general it would be a proportionate share to the number of persons on the deed. If there are two names, you would be entitled to half of the proceeds after all liens and mortgages are cleared.


If Mother dies and leaves a will with house mortgaged and hospital bills to 3 kids are they responsible to pay?

The mother's estate is responsible for settling all debts. The house will likely have to be sold and the proceeds used to pay the hospital bills.


In NJ your mother dies you inherit the house does your stepfather have the right to stay there and for how long?

Your mother's estate must be probated in order for title to the real estate to pass to the heirs. In New Jersey a spouse cannot be disinherited. Your mother's husband may be entitled to a one-third portion of her estate even if she left the real estate to you in her will. You need to discuss the situation with an attorney who specializes in probate law and who can explain your options.


If my boyfriend is on the deed but not the mortgage what rights does he have to the house?

He owns an interest in the property but he is not responsible for paying for it. He got a great deal. If the property is sold he will be entitled to half the proceeds after the mortgage is paid off.


What are you entitled to without a will. My dad passed away last year and he was on support from government. My mom and he was separated and not divorced 35 years. Do we need to prove this and how?

YES! You must PROBATE the estate. ( prove) Go to county court house and tell them you want the probate dept and go in and ask them how to do it.


If a will is not contested a mother dies owned a house and there is no contest as to what happens to the house is probation required in Texas?

Probate is going to be the only way to transfer title. Otherwise the title will not be considered valid.


Can your brother who has power of attorney for your deceased mother transfer the deed to her house into his name so that it will not have to go to probate?

The POA becomes invalid when a person dies.