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Can property be sold if an one of the heirs dies without a will?
Wiki User
∙ 12y ago
Certainly. The heir's portion will become part of their estate and distributed accordingly.
Wiki User
∙ 12y ago
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Does property left to heirs remain as estate of individual until sold?
Yes, the property left to heirs becomes part of the individual's estate until it is transferred or sold by the heirs. The heirs inherit the property with the rights and responsibilities associated with ownership while it remains part of the estate.
How was ownership of slavery transferred?
Slaves were sold as personal property by living owners or left to their heirs in a will after their death. If there was no will the slaves would pass to the heirs at law according to the laws of intestacy of that time period.Slaves were sold as personal property by living owners or left to their heirs in a will after their death. If there was no will the slaves would pass to the heirs at law according to the laws of intestacy of that time period.Slaves were sold as personal property by living owners or left to their heirs in a will after their death. If there was no will the slaves would pass to the heirs at law according to the laws of intestacy of that time period.Slaves were sold as personal property by living owners or left to their heirs in a will after their death. If there was no will the slaves would pass to the heirs at law according to the laws of intestacy of that time period.
What is a fee simple deed without jtwrs?
mother and daughter has property simple fee no jtwrs mother dies can property be sold
How do you sell land that is inherited?
When a person dies owning real estate, their estate must be probated in order for title to the real estate to pass to the heirs legally. The estate must be probated whether the decedent died with or without a will. The property can be sold by the estate during the probate procedure once the debts of the decedent have been satisfied. If the property is not sold by the estate, it becomes the property of the heirs once the probate procedure has been completed. The heir(s) can convey the property by deed, citing the probate case as their source of title.
How is real property divided when one of the signers or owners dies?
Depends on the state law, of the state the property is located. Typically, if there is no will, or a will with no dictation of the property, then the property goes to the co-owners by default. Same with bank accounts. * The wording of the titling of real property always determines how said property can be partitioned, sold or transferred.
Can an executor of an estate remove heirs from a property that is designated to be sold in the will if those heirs have paid the property taxes?
Yes, if the property was owned by the decedent and the Will provides that it be sold. In that case, the executor must carry out the provisions in the Will unless the provision is changed by a court order. It is assumed that there are other heirs besides the ones who paid the taxes on that property. The heirs who paid the taxes can file a claim against the estate for the amount they paid in taxes and they can offer to buy the property from the estate if they wish to keep it. They should speak with the attorney who is handling the estate.
What happens to a tax lien property when owner dies?
Generally the assets of a decedent, such as his property, estate or trust are liable for his debts before the assets are distributed to heirs. Death does not extinguish a debtor's obligations.
I live in my father's house and he passed away and the will says it has to be sold and divided between all of us can the executor tell me i have to move out befor the house is sold?
Generally, when a person dies owning real property, title to that property passes automatically to the heirs although the estate must be probated in order for title to pass legally. As one of several heirs you have the right to the use and possession of the whole property until it is sold. The executor has been instructed to sell the property, however, the heirs still own it. You may be required to pay for the utilities you use. You should be extra careful to maintain the property in good order and not do any damage. You may want to consult with a local attorney to confirm your rights under the laws in your jurisdiction.
What happens if estate is never settled and person died intestate?
If a person dies intestate owning real estate an administration of the estate must be filed in order to vest title to the real estate in the heirs. Until that is done, the heirs don't legally own the property and it cannot be sold or mortgaged.
Must home be sold to pay estate debt?
If there are no other funds then the property must be sold to pay debts. The debts of the decedent must be paid before any property can be distributed to the heirs. If the heirs want to keep the house then they must get together and pay the debts.
Who covers probate cost when house does not sell?
Generally, the heirs cover the expenses and get reimbursed when the property is sold.
Mother died in California without a will. She left property and life insurance with no named beneficiary. Is probate required?
Yes. Any time a person dies owning property in the US their estate must be probated. Title to real property does not vest in the heirs until the estate has been probated. Until then the real property remains in the estate and has no legal owner. It cannot be sold or mortgaged or insured. You must consult with an attorney who specializes in probate law who can review your situation and explain your options. If your mother died intestate (without a will) her property will pass to her heirs-at-law under the state laws of intestacy. You can check the laws of California at the related question link provided below.
