Yes. Your mother would need to sign any mortgage or deed of sale for the property and any other instrument that would encumber the property. That would also apply to the owner of the other undivided one-half interest.
No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.
No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.
Signing a mortgage does not give you an interest in the real estate. An interest in real estate is acquired by deed. Hopefully you are also on the deed to the property as the joint owner with the right of survivorship. That would make you the sole owner of the property upon your mother's death. However, if you are not on the deed and you signed the mortgage then your mother's death would make you solely responsible to the lender for paying the mortgage and you would need to probate her estate so that title to the real estate would pass to her heirs. If there are other siblings they would inherit an equal interest in the property and perhaps you could make a claim against the estate for your mother's half of the mortgage balance. You should speak with an attorney.
No, the executor does not have an interest in the real property. He is not selling it, the estate is. If he inherits the property, then he has an interest in it and there could be dower rights involved. That is an issue that varies from state to state. It would be best to contact a local probate attorney, one who is familiar with laws in your state, to answer that question.
That may require a payment of taxes. The form of the life estate will also affect the tax situation.
If the property was owned by mother and son as joint tenants with the right of survivorship the mother's interest passed to her son when she died. He is now the sole owner. He should record a copy of her death certificate in the land records to clear the title. Names are not "removed" from deeds. The tenancy recited on their deed and the recording of the death certificate will notify the world the son is now the sole owner. If they owned the property as tenants in common then mother's estate must be probated in order for her interest to pass to her heirs. Under Virginia law, if mother died intestate with no surviving spouse her children would inherit her property in equal shares. If the son is her only child he would inherit her half interest in the property. However, in order for title to real estate to pass to heirs the estate must be probated.
no
If mother and son own real property as joint tenants with the right of survivorship when mother dies the son will become the sole owner and the property will not become a part of the mother's estate.
Whether you have an interest in your father's real estate depends on how he and his wife held title to the property. You should direct your questions to the attorney who is handling the estate. If the estate is being probated your step mother is obligated to follow the provisions of the will or the state laws of intestacy to the letter.
If mother conveyed property to her son by a valid deed then he is the new owner. She cannot nullify a deed once she has signed it and it has been recorded in the land records.If son granted mother a mortgage in the property and she reserved the right to foreclose in that mortgage document she can take the property back by foreclosure if he defaults on the mortgage.
You need to check the language in the deed by which the three acquired the real estate. If the property was acquired a joint tenants with the right of survivorship then your mother-in-law's interest automatically passed to the surviving owners (you and your husband) when she died. There is no need for probate. If the property was acquired as tenants in common with your mother-in-law then her next of kin would inherit her property. If your husband and his sister are the only children, and there was no will, then they would share her interest in the property equally and her estate must be probated in order for title to pass to her heirs at law.
Can you sell a real estate property titled in trustee after mother and father dies