0
If you have a will and deceased owned a house that you live in does it have to go to probate?
Wiki User
∙ 14y ago
Yes, the proper way to change the property ownership is through the probate process.
Wiki User
∙ 14y ago
Wiki User
∙ 8y agoThere has to be a transfer of title. The only way to do that is to go through probate.
Add your answer:
Earn +20 pts
Can anyone live in a home that is currently in probate?
Typically, probate properties are owned by the deceased and are undergoing the legal process of distributing their assets. Depending on local laws, it may not be possible for someone to live in a home in probate unless they have legal authority to do so, such as being named as the executor of the estate or obtaining permission from the court. It's best to consult with an attorney or legal professional to understand the specific rules and requirements in your jurisdiction.
How do you probate your deceased mothers estate when you live in another state?
In many cases the court will allow it. You may have to appear before the probate judge to start the process.
You inherited dad's house. Does stepmother have rights to house if she doesn't live in it?
That will depend on the laws in your jurisdiction. In most cases the spouse has rights in all real property. That would include a house owned by the deceased.
If in our mothers will her house was to be sold and the money split evenly between 5 children can the executer live in it and postpone probate for personal financial gain?
I'm no lawyer but... No, the executor has a duty to act in the interest of the deceased. You will need a lawyer to force the issue if you cannot reason with the person.
Can your siblings just choose to live in the house of a deceased parent if the house is empty and the estate is trying to sell it?
Legally, they cannot live in the house without the consent of the executor of the estate.
If a man with five children dies and two of his sons live in his house and run his restaurants how can his daughters get their share of the estate?
His daughters can petition the probate court to be appointed the administrators of his estate. Once appointed they will have control over all the property owned by their father at death. They should consult an attorney who specializes in probate who can review the situation and explain the options. If there was no will the property will be divided equally among all the children. If the brothers want to keep the house and business they must purchase the shares owned by their sisters. You should consult an attorney ASAP.
How do you sell your deceased husbands car if he left no will and I lost the title?
There will be different requirements depending on the state you live in. In California, the next of kin can affect a change of title on a car owned by a person deceased.
You live in IND. Your husband resided in MO for 7mos before his death. What state does the estate have to be form in for the MO real property and possessions?
You should consult with an attorney who specializes in probate law. Your husband's estate must be probated wherever he owned property in his own name. If he owned property in Indiana and Missouri, the initial probate would be filed in his usual place of residence which may be Indiana. If he also owned property in Missouri, you would need to file an ancillary probate in Missouri.
Do Shannon tweed have a house in Newfoundland?
No, The house that she used to live in is currently owned by the owner of the Buy and Sell.
How you you see a copy of a will if you live out of state?
The best place to start is to call the court in the county in the state that the person owned real property (a house) or bank accounts. Not all wills are recorded, and many wills are only on file if they have gone through a court process called probate. If the heirs couldn't afford to probate an estate within a certain period of time, the will become stale. LISAJMH
In the state of NC at what age must a child be to choose to live in another state with a family member when both parents are deceased?
The is not law granting you this right, so it's up the a Probate Court.
I live in house owned by me with my partner and he is still married. If he died could his wife make a claim on my property?
Yes, if the house you live in is partially or completely owned by him. If he owns 50% of the house, the wife gets it and you must buy it from her or she can rent it out. All he owns would go to his wife and possible kids.
