What exactly you mean by "in probate" is not clear. The executor is given the authority to dispose of the testator's property in accordance with the will (and all relevant laws, of course). In that sense, of course you can; selling the assets may very well be exactly what's SUPPOSED to happen.
In California probate proceedings are conducted in the Superior Court. You can check the court records to find them.
If the person who owned the home is now deceased, that person's estate must be probated before the home can be sold. Probate is what authorizes someone representing the estate of the deceased person to sell the home.
me and my sister are in probate and faceing foreclosure because of miscommunication on the mortgage payments, what can we do?scared of losing mothers home.
They can certainly do so during the probate process. But a fair market price must be paid for it.
Probate is done only after death. Prior to that, the individual still controls their own assets.
Yeah, but you need to make sure you insure for all owner parties and document each insured persons interest in the home. If the home is part of an estate or a probate process, the executor can also buy the policy.
You would want to go through probate. That will prevent the bank from trying to collect money from the heirs.
No, it does not have to be sold. But the debts have to be settled and if there is not enough money to resolve the debts, the home will have to be sold.
If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.
Typically, probate properties are owned by the deceased and are undergoing the legal process of distributing their assets. Depending on local laws, it may not be possible for someone to live in a home in probate unless they have legal authority to do so, such as being named as the executor of the estate or obtaining permission from the court. It's best to consult with an attorney or legal professional to understand the specific rules and requirements in your jurisdiction.
To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.
When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.