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No, it is not legal! Even if you know for sure you own that property upon the death of the person you must abide by the law and go through the legal procedures. All creditors (including personal/property taxes) must be paid in full and what is left over in the Estate is divided amongst Heirs according to that Will.

2006-07-25 05:13:48
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Q: Is it legal to take property from an estate before the will has been read?
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Would a beneficiary Deed to property be legal in the State of Ga?

Generally, in order for title to real estate to pass to the heirs or devisees the estate must be probated. If a person inherited an interest in real estate a quitclaim deed from them would convey their interest in the property IF the estate had been probated. If the estate was not probated then they are not a legal owner of the property and their deed would convey nothing.


Can you sell your dead brother's property?

You may sell your deceased brother's property if you are now the legal owner. You would be the legal owner if (1) he devised the property to you in his will and his will has been duly probated, or (2) he died intestate and you are his only heir and the estate has been duly probated. If the probate process has been completed in either (1) or (2) then you are the legal owner may sell the property. If neither has been done and he had no will then see the answer to the question: Who inherits in an intestate estate?


Can property owned by a decedent be sold by anyone other than the heirs in the Will?

The only party who can transfer the ownership of real property is the legal owner. In fact, When a decedent owned real property at death their estate must be probated in order for legal title to pass to their heirs. The only parties who can legally sell the property are the heirs, after the estate has been settled, or the executor with the proper authority under the Will or granted by the court.The only party who can transfer the ownership of real property is the legal owner. In fact, When a decedent owned real property at death their estate must be probated in order for legal title to pass to their heirs. The only parties who can legally sell the property are the heirs, after the estate has been settled, or the executor with the proper authority under the Will or granted by the court.The only party who can transfer the ownership of real property is the legal owner. In fact, When a decedent owned real property at death their estate must be probated in order for legal title to pass to their heirs. The only parties who can legally sell the property are the heirs, after the estate has been settled, or the executor with the proper authority under the Will or granted by the court.The only party who can transfer the ownership of real property is the legal owner. In fact, When a decedent owned real property at death their estate must be probated in order for legal title to pass to their heirs. The only parties who can legally sell the property are the heirs, after the estate has been settled, or the executor with the proper authority under the Will or granted by the court.


How can you take ownership of real estate owned by deceased?

The decedent's estate must be probated so that legal title will pass to the heirs.If you are an heir the title will pass to you legally as soon as the estate has been probated. If you are someone interested in buying the property you can purchase it from the estate representative who has been appointed by the court (after they obtain a license to sell real estate) or from the heirs after the estate has been probated.The decedent's estate must be probated so that legal titlewill pass to the heirs.If you are an heir the title will pass to you legally as soon as the estate has been probated. If you are someone interested in buying the property you can purchase it from the estate representative who has been appointed by the court (after they obtain a license to sell real estate) or from the heirs after the estate has been probated.The decedent's estate must be probated so that legal titlewill pass to the heirs.If you are an heir the title will pass to you legally as soon as the estate has been probated. If you are someone interested in buying the property you can purchase it from the estate representative who has been appointed by the court (after they obtain a license to sell real estate) or from the heirs after the estate has been probated.The decedent's estate must be probated so that legal titlewill pass to the heirs.If you are an heir the title will pass to you legally as soon as the estate has been probated. If you are someone interested in buying the property you can purchase it from the estate representative who has been appointed by the court (after they obtain a license to sell real estate) or from the heirs after the estate has been probated.


Your father died left his property to you in his will and named you as the executor. He has credit card and medical debt. What should you do?

His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.


My father died without a will and I inherited his property. His estate was not probated. Do I have legal title?

The property is still in your father's estate and his estate must be probated. You are not the legal owner.In order for title to real property to pass to the heirs-at-law in an intestate estate (no Will) or under the terms of a Will, the estate must be probated. Title is passed to the heirs by the probate process. You cannot "title" the property in your name until the estate has been probated. You cannot sell or mortgage the property until the estate has been probated. Until you probate the estate you only have what is called equitable title.You should consult with an attorney who specializes in probate who can review your situation and explain your options.


Can you own the property of a deceased person if you are an heir to the property?

A decedent's property passes to their heirs according to the provisions in their will or according to the state laws of intestacy if there is no will. An estate that has real property must be probated in order for legal title to pass to the heirs. Once the estate has been probated the heirs are the legal owners of the property. You can check the state laws of intestacy at the related question link provided below.


What do you do when a property is in an estate and one of the beneficiaries quit claims it to themselves with the consent of the executor?

It is likely that the deed is invalid. There are statutory requirements to transfer legal title to real estate from the estate of a decedent. The estate must be probated for legal title to pass to the heirs. You should contact the attorney who is handling the estate or consult with a probate attorney if an estate has not been filed with the probate court.


My mother inherited land on which she pays the taxes does she own the property?

Your mother is not the legal owner of real property until the estate is probated. If there was a will then the will must be presented to probate court and an Executor must be appointed. If there was no will then an Administrator must be appointed. Legal title to real property cannot pass to the heirs until the deceased owner's estate has been duly probated.


Is the estate administrator responsible for home ins?

Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.


Grandson inherits property but grandma is still listed on deed?

Generally, Grandma's estate must be probated in order for legal title to pass to grandson. Once the estate has been probated the records of probate will show that the title to the property has been vested in the grandson. However, if he wishes to have a deed in his name recorded in the land records that can be arranged with the attorney who represents the estate.


Can a beneficiary to an estate enter into a new lease agreement?

If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.


When an estate case is closed by probate is the will still in effect?

An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.An estate is closed after all the provisions in the Will have been executed. It remains a public document forever to show how the property was distributed and how title to property was transferred.


What is the difference between Legal and Equitable Rights?

A legal right is a right you have to something without any barriers. An equitable right is one that would be recognized by a court of equity. One of the easiest to understand examples is the right of real property ownership.Suppose a person purchases a parcel of land by deed from its owner. That person becomes the legal owner of the property. They have a legal right of ownership.Now suppose a person inherited a parcel of land as the only heir at law of her grandfather. The grandfather's estate must be probated to transfer legal title to the beneficiary. When the estate is probated through the probate court the beneficiary will become the legal owner of the premises by virtue of the court order that allows the probating of the estate.If the estate is not probated the beneficiary has an equitable right to the property and is not the legal owner. She has the right to commence a court action to probate the estate so she can acquire the legal right to the premises.Another example: An owner whose land is taken by the town due to nonpayment of real estate taxes has an equitable interest in the property until that right has been barred by a court decree. In this case the delinquent property taxes are the barrier to full legal ownership. The delinquent taxpayer is no longer the legal owner of the premises. Until the delinquent owner's rights have been barred by a court decree they have the right to pay the delinquent taxes to redeem their property and become the legal owner once again.


Who can live in house after life estate?

After a life estate has been extinguished the fee owners, sometimes called remainders, have the right to the use and possession of the property.After a life estate has been extinguished the fee owners, sometimes called remainders, have the right to the use and possession of the property.After a life estate has been extinguished the fee owners, sometimes called remainders, have the right to the use and possession of the property.After a life estate has been extinguished the fee owners, sometimes called remainders, have the right to the use and possession of the property.


Who is responsible for judgment on property inherited from deceased father?

The judgement should be resolved before the property is transferred. If there are not enough assets to cover it, the property would have to be sold to pay the judgement. If someone wants the house, it might make sense for them to pay it to keep the property.


Can a executor take the name on the property deed and put it solely in her name?

An executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.An executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.An executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.An executor must submit the Will to the probate court. Once appointed as executor by the court the executor must follow the provisions in the will. The debts of the estate must be paid before any property can be distributed. If the testator devised the real estate to the executor legal title will pass to her. If the property was not devised to the executor then the title to the property will pass according to the provisions in the Will and the provisions of state law. Remember that no executor has any authority until they have been appointed by the court. You should consult with an attorney who specializes in probate law.


If the decedant had no will is there still an estate?

If the decedent owned any property at the time of death that property makes up her/his estate. If they had no will the property will be distributed as intestate property according to the laws of intestacy in the decedent's state. Some qualified person must petition the probate court to be appointed the administrator of the estate. Once they have been appointed they will have the power and authority to settle the decedent's estate under the supervision of the court. The decedent's debts must be paid before any property can be distributed to the heirs.


Can a UCC-1 be done when someone dies and his name is the only one on the deed?

No. A UCC Financing Statement is a legal form that a creditor files to give notice that it has or may have an interest in the property of a debtor. It must be endorsed by the owner of the property and then recorded in the land records. If the owner is deceased their estate must be probated in order for legal title to the property to pass to the heirs. Once probate has been completed the heirs can execute a UCC.No. A UCC Financing Statement is a legal form that a creditor files to give notice that it has or may have an interest in the property of a debtor. It must be endorsed by the owner of the property and then recorded in the land records. If the owner is deceased their estate must be probated in order for legal title to the property to pass to the heirs. Once probate has been completed the heirs can execute a UCC.No. A UCC Financing Statement is a legal form that a creditor files to give notice that it has or may have an interest in the property of a debtor. It must be endorsed by the owner of the property and then recorded in the land records. If the owner is deceased their estate must be probated in order for legal title to the property to pass to the heirs. Once probate has been completed the heirs can execute a UCC.No. A UCC Financing Statement is a legal form that a creditor files to give notice that it has or may have an interest in the property of a debtor. It must be endorsed by the owner of the property and then recorded in the land records. If the owner is deceased their estate must be probated in order for legal title to the property to pass to the heirs. Once probate has been completed the heirs can execute a UCC.


Can an executor rent property that belongs to an heir?

No, they can only rent property that belongs to the estate. If it hasn't been transferred to the heir, it is still a part of the estate.


What happens to the estate after the estate is closed?

There should be no remaining assets in the estate once it has been closed. All the property should have been distributed according to the Will or according to law.


If a person has been together with another person for over 35 years what rights do they have?

You may have legal rights if you live in state that recognizes common law marriage. If not, you have no legal rights over your partner, their property or their estate.


Can a heir buy out the other heirs half of the estate without going through probate court?

If real property is involved the estate must be probated in court in order for legal title to pass to the heirs. Once the estate has been probated, the heirs can convey their interest in the real estate to whomever they wish. The property could also be sold by the court appointed administrator of the estate by a license to sell real estate issued by the probate court.


What should be done when one of the heirs seizes the house?

This is NOT one of those situation where "possession is 9 points of the law."If the estate is in the hands of the Executor and/or the Probate Court and the will has not yet been probated, the Probate Court must be notified that an improper/illegal seizure of the estate has occurred. Only AFTER the will has been probated will the proper disposition be made of the assets of the estate. THEN, and only then, will the heirs know who was the legal inheritor of what.Another PerspectiveWhen an estate contains real property it must be probated in order for title to pass to the heirs legally. The debts of the estate must be paid before any property can be distributed to the beneficiaries. An executor must be appointed by the court. Once appointed the executor, and only the executor, has full power over all the estate property.The executor has the legal responsibility to collect and protect the estate until it can be distributed. The executor can obtain a court order to have the heir removed from the premises. There is always a danger that heir will commit waste, remove personal property belonging to the decedent or damage the property. No person can seize property that does not belong to them and it is especially difficult to carry off if the property is in probate under the jurisdiction of the court and under the absolute authority of the executor.If an attorney is handling the estate they must be notified immediately. She/he must review the situation and explain all the legal options open to the executor. Legal action should be taken immediately.


Can heirs transfer deeds to someone since the property is not yet partitioned and there is no will?

You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.