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Dad died intestate. His wife is in a mental hospital under court order and cannot handle selling the property they owned. How do you sell it so you can take care of her?
Wiki User
∙ 13y ago
If your father was sole owner then his estate must be probated. In that case you may be able to petition to be appointed administrator of his estate and then petition for a license to sell the real estate.
If his wife owns the property by survivorship then you need to petition to be appointed her guardian and then petition the court for a license to sell the real estate. In either case you should consult with an attorney who specializes in probate law in your area who could review your situation and explain your options.
Wiki User
∙ 13y ago
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If person dies intestate can their property be left to one child discounting other children?
No, intestate property cannot be given to one heir because when a person dies intestate, or without leaving a will, his property is distributed according to the laws of intestacy in the state where he lived. The distribution can only be made by a court appointed Adminstrator. When there is no will, a decedent's property is owned automatically by all the heirs equally. The Administrator has no authority nor power to redistribute the property except by state laws of intestate distribution.
How do you write a letter to my mother as to where i relinquish my rights to her inheritance?
You don't. You can let your mother know that you don't want anything, but it isn't up to you. If she has a will, she can leave you anything she wants. If she dies intestate, property would flow to you under intestate rules. At that point, you have the right to decline any property that would otherwise go to you. You cannot do this before your mother dies.
What can a man's wife do in Ohio if he leaves all property to his children by his ex-wife?
A man cannot disinherit his wife in Ohio. If you were omitted from his will you have the right to claim a share of the estate as though it was intestate property. You should seek the advice of an attorney who could assist you in making a claim. See the information at the link below to determine what your intestate share would be under Ohio law.
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.
What is the procedure if original will document is lost for registering property or to sell?
If a person died owning real estate their estate must be probated in order for title to pass to the heirs. If the will cannot be found then the property will pass as intestate property. In that case you will need to petition the probate court to have an administrator for the estate appointed. The property cannot be sold until the probate process is completed because until then there is no legal owner.
What does intestate mean?
Intestate means that the person died without having executed a will, or, the will cannot be found. In that case the estate is distributed according to the state laws of intestacy.
If you owe money to a hospital will they take your house?
A hospital can petition the court for a judgment on an unpaid hospital bill. If successful they will obtain an execution against the property that will be recorded in the land records. The property cannot be refinanced or sold without paying the lien off. If the lien is substantial the hospital can sieze and sell your property to satisfy the judgment. You should seek the advice of any free legal assistance offered in your community to see what your options are.
When my wife of 10 years who has the house in her name dies am I entitled to the house if she leaves part or all of it to someone else in her will?
You may be entitled to an interest by law if you live in a community property state. In addition, you cannot disinherit your spouse in any state except Georgia. If a spouse is left too little or no property he/she can waive the will and take an "elective share" in the estate. That share would be determined by the statutory share in an intestate estate (without a will). You may not receive the entire property but you will receive at least a statutory share. See the related question below for intestate shares state-by-state.
If two people own property in Colorado as tenants in common what is the likely outcome of a partition?
If the property cannot be reasonably divided, the court will appoint a commissioner to sell the property. The legal costs and costs of selling the property will be deducted from the proceeds when the property has been sold and the net proceeds will be divided equally amongst the co-owners.
My mother jointly owns an inherited house with another family member can I inherit her half when she dies?
If your mother owns the property as joint tenants with the right of survivorship with that other person then she cannot leave her interest in the property to you. If that tenancy was not specifically recited in the will when she received her inheritance then she inherited as a tenant in common and can leave her half interest in the property to you by will. If she dies intestate her interest will pass to her heirs at law according to your state laws.
Can you leave your share in ownership of community property to your adult children by Will in New Hampshire?
Community property is marital property. It cannot be devised by Will. However, New Hampshire is not a community property state.Community property is marital property. It cannot be devised by Will. However, New Hampshire is not a community property state.Community property is marital property. It cannot be devised by Will. However, New Hampshire is not a community property state.Community property is marital property. It cannot be devised by Will. However, New Hampshire is not a community property state.
Carbon that cannot be decomposed a physical property or a chemical property?
Chemical property, it cannot be decomposed by ordinary chemical change.
