What's it say on the piece of paper???? See an attorney if you need help on this. It's easy to do it wrong.
A half-brother, or a half-sister, is a sibling who shares the same mother but is born of a different father.
Yes. You can sell your interest, however, it would be subject to the life estate and may be hard to sell. The life estate holder has the right to the use and possession of the property for the duration of their natural life. The property cannot be mortgaged or sold without their written consent.
Generally, yes, unless the house is held as tenants by the entirety or is subject to a mortgage.
Generally, yes, unless the house is held as tenants by the entirety or is subject to a mortgage.
Generally, yes, unless the house is held as tenants by the entirety or is subject to a mortgage.
Generally, yes, unless the house is held as tenants by the entirety or is subject to a mortgage.
Generally, yes, unless the house is held as tenants by the entirety or is subject to a mortgage.
In NC if the life estate person moves out does that break the life estate so the remainder of the owners can sell the the house and land
The designation Tenants-In-Common (or Tenancy-in-Common) on a title or deed indicates the legal owners of the property. Tenants-in-common also means that on the death of your mother, the estate will own half of the house and your brother the other half. He will either have to buy the other half, or the house will be sold and any profits split between the estate and your brother. If your brother is living with your mother, or paying mortgage/taxes/maintenance/down payment, this is common to protect his investment in the property.
Estate. Country house, ranch house.
Your brother has an estate if he has a mortgage. You need to petition the probate court in your brother's jurisdiction to be appointed the Administrator of his estate. The court will issue Letters of Administration that will enable you to carry on the business of disposing of his estate.
To answer this question there are many other factors that need to be given. sample: Is the paid off, are there others on the listed estate or is it given to her.
Without getting into specific Florida law, you are tenants in common unless there are the words "joint tenants". This means that the other person's share of the ownership is now owned by their estate, and whoever is the heir to their ownership under the will or the laws of intestacy. Because you are not "the owner" of the house, you can only sell your partial, undivided ownership, and not the whole thing. In other words, you need to have the executor of the estate, or the new owner as beneficiary, join you in a consolidated deed to a third party.
You need to probate your mother's estate for title to the real estate to pass to her heirs. Until the estate is probated there is no living legal owner of the property. It is owned by your mother's estate. After payment of her debts, her property will be distributed according to the laws of intestacy of your state. If your mother left two sons and no spouse, title to the property will pass to her sons who will share her property equally. At that time, the brother who is living in the house could buy his brother's share in the property. If one brother wants to sell and the other doesn't, the first could bring a Petition to Partition in the local court of equity. The court would arrange to sell the property and after all the legal costs and expenses are deducted the proceeds from the sale would be divided equally between the brothers.
It is a bit hard for anyone other than the estate to cash the checks, so yes, they are reported to the estate.
It depends on who gets the property after her life estate terminates. If the property was deeded to the children with life estate reserved for mom, then all she would need to do is transfer the life estate to the children as well. However, a life estate can also mean the property reverts to some other ownership, say, a charity or some other relatives. If the person who granted the deed with the life estate is still alive, perhaps a new deed can be created that will supersede the earlier one. Ask your real estate lawyer.
The estate is responsible for the debts of the deceased. If there are no assets in the estate, the debtors are not going to be able to collect. This can be challenging. If the deceased owned a house, the house would be sold to pay the debts. Cars, bonds, stocksand other personal property could also be sold to come up with the money.
Your brother's estate is responsible for payment of his debts. If there is no estate then his creditors are out of luck. You could send any bills back along with a copy of his death certificate.
if the house is sold can that money be divided before the total estate is closed