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Q: How can heir survey its share of property but the other heirs refuses to sign deed what can be done?
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How is the probate estate maintained?

Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.


What is a blue line survey?

A blue line survey is a survey to establish the property boundary. The property line that is drawn as a result of the survey is called the blue line. Another type OS survey that is sometimes done for finacing and many other reasons is an ALTA survey which not only establishes the boundary, but also researches and shows any easements or existing features on the property such as the building and other topographical features.


Do other heirs need to sign if you sell the property?

The decedent's estate must be probated in order for the heirs to have legal title to the real estate. All the heirs must sign the deed. If you want to sell the inherited real property the attorney who handles the estate can advise you.


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.


In Pennyslvania can one heir mortgage heir property without other heirs agreement?

A single heir can only mortgage their interest in the property. For example, an heir with three other heirs only owns a 1/4 interest. Most lenders will not loan money on a proportionate interest in real property.


Can 1 heir sell property out of five in Ohio?

Yes, in Ohio, if there are multiple heirs to a property, one heir can sell their share without the consent of the other heirs. Each co-owner has the right to sell or transfer their interest in the property without approval from the other co-owners.


Should all heirs have a house key to property?

No only those that the current owner wishes to have a house key should have them. Any other heirs can get one after the will is settled.


What if an heir doesn't want any part of the property proceeds?

They can decline it. It will be distributed across the other heirs.


What if the executor does not want to sell a house in the will?

There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.


What is the process to transfer title of a home to one of five heirs?

The estate deeds it to the heir. If the other heirs have rights in the property, they need to be paid for their share of the property, either by compensation from the estate (if the total estate is worth 5 times the value of the property) or the person getting the deed pays them off for their share of it.


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.


Are heirs individually responsible for mishandling estate?

The heirs aren't the persons with the authority to "handle" an estate at all. If a person died owning property their estate must be probated, an estate representative must be appointed and the debts of the estate must be paid before any property is distributed to the heirs. Probate laws govern the distribution of a decedent's estate regarding creditors and heirs. If the court appointed estate representative mishandles the estate they are held personally responsible. If heirs convert assets to their own use, with or without the appointment of an estate representative, the "heirs" are held personally responsible and may find themselves in court for taking the decedent's property and not paying the creditors and/or the other heirs.