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How long does a sibling have to step up and claim their part of the property when there mother dies?
Wiki User
∙ 15y ago
If the property is real property the estate must be probated and any surviving children will become the new owners. You will own your portion until you sell or convey it to someone else by a deed. However, if the other owners want to sell the property and you cannot be found then they could seek a court order to sell your portion of the property and the proceeds would be placed on deposit in your name. Costs and fees thereafter could cause your portion to decrease.
Personal property should be claimed within a reasonable period.
Wiki User
∙ 15y ago
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If a parent dies intestate but deeded property to only one sibling can the others make a claim on the property?
If they deeded the property to anyone during their lifetime it belongs to that person & won't be included in the probate, unless the property was part of a family trust, or some other arrangement.
What is a fee simple deed without jtwrs?
mother and daughter has property simple fee no jtwrs mother dies can property be sold
If the deed to a property is recorded jointly and one of the owners dies can family members of the decedent claim the decedents share of the property?
No. If the property was acquired as joint tenants with the right of survivorship and one dies, their interest passes automatically to the survivor by law. There is nothing for family members to claim.
Can you sell a real estate property titled in trustee after owner dies?
Can you sell a real estate property titled in trustee after mother and father dies
Can you inherit property from your mother-in-law?
You can inherit property from your mother-in-law if she mentions you in her will by leaving a gift. If she dies intestate, or without a will, you are not her legal heir.
If my husband owns a property with his ex-wife and they share the mortgage on the property am I liable for anything if he dies or defaults on the loan?
No. If he dies and defaults on the loan the bank's recourse is to take possession of the property by foreclosure. The bank has no claim against you.
What are the other sibling rights to mother's property if one sibling has power of attorney and the other sibling never left home and is over forty years of age?
Power of Attorney is to give the sibling mentioned and acknowledged by the mother to perform their affairs when the mother cannot such as paying bills; investing money, etc., and no one else can take the right away from the Power of Attorney mentioned since the mother requested this person, not even the sibling who is 40 years old and living at home. Once a parent dies the Power of Attorney no longer exists and the Executor (male) or Executrix (female) named will put the Will into Probate which will pay off any debts before the Estate is settled and any property or monies left will be divided as the parent's Will stated.
What is a sibling dies and is named in the will of a deceased mother?
If your sibling died before your mothers death and has been named as a beneficiary in your mothers will then your dead siblings family may have a claim to her or his legacy but it depends on the wording used when the will was drawn up and so really the will would need to be taken to a probate lawyer to be defined and eplained before you or any of the other siblings take your share of the estate.
If a mother and son are joint tenants on property and the mother has a will can she leave her half to someone else?
No. Son will automatically own the property when mother dies. Mother cannot devise her share to anyone else. That is the purpose of a joint tenancy.
Can property be contested if daughters name IS on property title when mother dies?
You can contest it if you want to, but if the daughter's name is listed as a co-owner of the property, and they owned as joint tenants with the right of survivorship, then it is her sole property when mom dies. There might be a case for undue influence.
Your mother was on title to a house with your daughter. Mother signed a quit claim to you. If your mother passes away can the property be tied up in her probate?
According to your question, your mother and your daughter owned property together. That deed should be recorded in the land records. If they owned as joint tenants with the right of survivorship, when your mother dies her interest in the property would pass automatically to your daughter and bypass probate. If your mother signed a quitclaim deed that conveyed her interest to you, that deed must be recorded in the land records. By executing that deed, she broke the joint tenancy she had with your daughter and now you and your daughter own the property as tenants in common. Your mother no longer owns the property and it would not be included in her probate estate.
Can widow and children claim title to property?
When a person dies without a will in the United States their property passes by state laws of intestacy. You can check your state at the link below.
