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No. The owner of the property has the right to grant a life estate.
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∙ 14y ago
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Can another heir challenge a life estate of someone with alzheimers?
No, you cannot challenge a life estate. It is a right in property. They either have it or they don't.
Can heir sell family proerty without the rest of the family?
An heir may sell property by deed if the estate has been duly probated and the heir acquired all the interest in the property under the will. The estate must be probated in order for title to the real estate to pass legally to the heirs. If the estate has not been probated the deed would be null. If the estate was probated and the heir did not inherit a 100% interest then her/his deed would only convey the proportionate interest they own.
What are my rights if I am a heir and a successor trustee to my mothers estate when the one heir want to quit deed and the other heir want to sell the family property?
quit claim deed prevails
how do you remove deceased spouse name on a deed of the now deceased wife?
You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.
Can one heir challenge an executor?
Yes. Anyone with an interest in a decedent's estate can do so. An heir would be such an animal.
If a house is left in a will and the persone does not change the deed can they will it to someone or does it go back to the original will of the person on the deed?
When a person dies owning real estate their estate mustbe probated in order for title to the real estate to pass to the heirs legally. Once the estate has been properly probated the heir is the new legal owner. The probate records are proof of ownership for the heir even though there is no deed in their name. The deed doesn't need to be changed but the attorney who handles the estate can draft a new deed if the new owner wants to have the property registered in their own name in the land records. But remember, it's not necessary as long as the estate was probated.When that heir dies, their estate must be probated and the property will pass legally to their heirs under their will or the laws of intestacy if there is no will.
How do you transfer a deed of a deceased parent in OH to surviving child?
Their estate must be probated in order for legal title to pass to their heir. You should consult with an attorney who specializes in probate. The attorney can explain your options and draft a deed if necessary.Their estate must be probated in order for legal title to pass to their heir. You should consult with an attorney who specializes in probate. The attorney can explain your options and draft a deed if necessary.Their estate must be probated in order for legal title to pass to their heir. You should consult with an attorney who specializes in probate. The attorney can explain your options and draft a deed if necessary.Their estate must be probated in order for legal title to pass to their heir. You should consult with an attorney who specializes in probate. The attorney can explain your options and draft a deed if necessary.
Can a relative sign a quit claim deed if no estate has been open?
No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.
The deed for my house is in deceases aunts name I have always paid the mortgage and taxes as well as performing necessary upkeep how do I go about transferring the deed to me?
Your aunt's real estate is in her estate and her estate must be probated. The property will pass according to the provisions set forth in her will. If there is no will, her property will pass to her heirs at law according to the laws of intestacy in her state. If you are her only heir or heir at law the property will pass to you. However, the estate must be probated in order for the title to the real estate to pass to you legally.
If an heir passes away before estate settlement what happens to the estate settlement?
If the heir died after the decedent, any property that was inherited by that heir would become part of that heir's estate. The heir's estate would also need to be probated.
What is a sole heir?
A sole heir is a person who stands to inherit the entirety of an estate upon the execution of another's will, or by operation of the rules of intestacy
Does a will have to be probated for only 1 heir?
Typically a will must be filed -- usually in court. Whether you need to actually open a probate estate, however, depends on the size of the estate and who the heir is. For example if the estate is very small and the heir is an adult, the state may have a procedure that simplifies the process. If the estate is large and the heir is a minor, however, as another example, full probate may be required.
