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If a home was a life estate does it still need to go through probate?
Wiki User
∙ 14y ago
No. A life estate is the right to use the property and is extinguished upon the death of the life tenant. They owned nothing that survives after their death so there is no need for probate unless there are other assets that were in the decedent's name alone. There is someone who owns the "fee" to the property. The life tenant only had the right to use it until they died.
Wiki User
∙ 14y ago
Yes, if a home was held as a life estate, it may still need to go through probate upon the death of the life tenant to officially transfer ownership to the remainder beneficiaries. Probate laws vary by state, so it's important to consult with an attorney to determine the specific requirements in your situation.
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I am the Executor of my father's will which has been probated in the state of Ga Is there a time limit to when I need to sell the estate home I heard 3 years from the date my father passed away?
The time limit to sell the estate home can vary depending on state laws and the specific provisions of the will. In Georgia, there is no specific time limit to sell the estate home after probate, but it is advisable to do so as soon as feasible to prevent any complications. Consult with a probate attorney in Georgia to understand the specific obligations and timelines in your case.
How can you find someones will?
To find someone's will, you can start by checking with the probate court in the jurisdiction where the person lived or owned property. You can also look for the will in safe deposit boxes, with the person's attorney, or in their home. Additionally, some people keep copies of their will with trusted family members or friends.
Does the executor have the right to a key to the temporarily occupied home of decedent?
Typically, the executor of an estate has the right to access the decedent's property, including a temporarily occupied home, in order to fulfill their duties. This access is usually granted through the authority of the probate court and according to the laws of the jurisdiction where the estate is being administered. It is important for the executor to act in the best interest of the estate and follow any legal requirements related to accessing the decedent's property.
What is the law when a habitat for humanity homeowner dies soon after home purchase with no will?
When a Habitat for Humanity homeowner dies without a will, the property typically goes through the probate process where the courts will determine how to distribute the estate. Depending on state laws and the specific circumstances, the property may pass to the homeowner's heirs or to other beneficiaries as determined by the court. It is important to consult with a legal professional for guidance in this situation.
What happens to your property if you die in a nursing home. does the nursing home take part of the value of the home?
If you pass away in a nursing home and you were receiving benefits from Medicaid, the state may seek to recover the costs of your care from your estate, which could include your property. This process is known as estate recovery. However, there are rules in place to protect a surviving spouse or certain dependents from losing their home. It's advisable to consult with an estate planning attorney to understand how your property may be affected in such a situation.
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
How does probate handle the sale of a home?
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.
Who is responsible for expenses while a home is in probate?
The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.
Can a claim be submitted for repairs if the homeowner is recently deceased and the home is in probate?
The estate is responsible for the maintenance of the property. The administrator or executor of the estate can submit a claim on behalf of the estate.
Can someone with life estate keep the one out that the house was left to?
No....If the home was in a irrevocable or trust life estate and that person died or in the case of the irrevocable trust there still alive and your the benaficairy the trustee can keep you out, but eventually depending on what the terms of the estate are turn the trust or estate over to you. Seek the advice of a probate attorney.
How can you insure your deceased moms home?
Just contact an experienced insurance agent in the state in which the home is located.Any experienced agent should be able to guide you in obtaining proper insurance for the home. If your inheritance is still in probate then you may need to coordinate with the estate executor unless of course the executor is you. If not in probate then it just depends on how the ownership is currently styled as to what names or entities you need to schedule for coverage.A good Insurance agent will know how to properly style the coverage for your situation.You need to own the house first. If it is still in the unsettle estate, the Administrator or Executor of the Estate would have the ability to insure the property. You will need to talk with the Insurance Agent to get pricing and what needs to be done. If the estate has not been settled then the estate can purchase a policy to cover the home. It will be listed as Estate of ____________ on the policy and the person in charge of the estate will have to handle the details with the agent.
Your father died without leaving a will and your stepmother assumed the tax burden despite the fact that the home is still in the name your deceased parents Who owns the home?
This is the reason to go to probate court, to get these things settled out. Technically, the estate of your father owns the home. Without a will, your step-mother will have some rights to the home, depending on the state, either a life estate, partial ownership, or full ownership. Consult a probate attorney in your state to get things properly defined.
What laws address theft of all estate property in the estate home prior to inventory for probate?
Criminal laws of theft, civil laws of conversion. In any case, any property taken from the estate home prior to inventory must be accounted for before the estate can be settled.
What happens if it has been 3 years and you haven't settled the estate because of home sells in Florida?
Consult the attorney that is handling your probate action for advice. You may have to come to some agreement to partititon the home from the remainder of estate in order to settle the estate.
How do you transfer title to home in name of an estate to an individual if will never probated?
When a person dies owning real estate their estate mustbe probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.
Is probate done while person is in nursing home or is after death?
Probate is done only after death. Prior to that, the individual still controls their own assets.
How can you avoid probate when you voluntarily foreclose on the home of your deceased mother who did leave a will?
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.
