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Can agreeable heirs sell property of deceased without probating?
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Can a person sell a property without probating a will in philadelphia?
Not legally. In order to sell real property, someone has to have the authority to do so. Without a letter from the probate court, such a transfer would not be legal.
How can you win a case in which property was sold without you being included as an heir to the deceased?
If you own an interest in property as an heir and the property was sold without you joining in. You still own your interest.
Can an Administrator of a deceased estate rent out the estate property without consulting the beneficiaries?
Yes.
If a property is owned by the daughter and the deceased mother is that considered the deceased estate?
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
Can a family member take property from a deceased family member?
No, taking property from a deceased family member without legal authorization is considered theft. The property of a deceased family member typically goes through the probate process to determine rightful heirs and distribute assets according to the deceased person's will or state law. If you believe there are disputes over the inheritance, it's best to seek legal advice.
What happens if you die without a will in Ohio?
A person who dies without a will is said to be intestate. Each state has specific laws about how property is divided when the deceased is intestate.
Can a person dispose or remove items from a deceased persons property without approval from the execator of the estate?
Certainly not, it would be theft.
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?
In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.
If you and a sibling co-own a house that was acquired through an inheritance can you transfer your portion of the property to your spouse?
If the co-owner is agreeable or the house is titled in a way which allows the property to be transferred without the consent of other owners then it can be done using a quitclaim deed a simple and inexpensive procedure.
Is it necessary to hire an attorney for probate proceedings in Florida when a person has died with no will and the parents are the only heirs?
Yes it is necessary to see an attorney because the deceased has not left a Will. All debts of the deceased must be paid off and that is why there is "Probate." This includes property taxes, personal taxes, charge cards, etc. If the deceased had no property or nothing to leave behind then everything becomes null and void. The parents would not be responsible for those debts unless they cosigned for a loan. You may want to consult an attorney, but if the son died without owning real estate or major assets with a title (like a motor vehicle), and no children of his own, the lawyer will probably tell you not to worry about probating the estate. Interesting that a Canadian feels comfortable answering a legal question about Florida, and that this site allows it.
If someone deeds there house over with rights of surviorship and then dies can the house be sold without probating a will?
Yes. The surviving joint tenant would be the sole owner of the property and can sell it. A copy of the death certificate of the decedent should be recorded in the land records to provide proof of death.
Does every will of a recently deceased person have to be probated?
Probate of a Will is a civil court action for the purpose of the orderly transfer of property from a deceased person's estate to his or her heirs. A Will is a formal document directing how the deceased person's property is to be distributed. If there is no property to distribute, there is no need to probate the Will even if there is one in existence.
