Whomever acted as your mother's executor has almost certainly broken the law. Normally a person who dies "intestate" (without a will) would have their estate divided more or less evenly among the next of kin. You should contact an attorney for advice as to how to proceed.
Because the property was not owned outright by the deceased persons being willed the property are responsible for the debt attached as well. If they do not want to take the financial responsibility of paying the debt or selling the property they can allow it to be included in the probate procedure and therefore are not responsible for foreclosure or other litigation connected to it. yes, you are responsible otherwise you lose the house you don not get it free just because someone dies. only the person named as heir to the house has to pay. just did this.
On the title to what? If the deceased is not on the title, they probably have no interest in it, so the estate will have nothing to do with that property. If the individual inherited the property from another estate, then the executor, appointed by the court, will take charge of the interests and follow the will or the law in the execution of their duties and the distribution of the assets of the estate. The nearest of blood kin followed by the nearest of marital kin followed by siblings. The probate court can appoint anyone that may apply for the task, as well.
In most cases the debts of the deceased are the responsibility of the estate. Siblings are not responsible for the debts. Anyone that may have been a co-signer on any of the agreements might also be responsible. Consult a probate attorney in your jurisdiction for help.
You can only mortgage your own interest in the property. Generally, the lender requires that all owners consent to a mortgage so that in the case of a default, it can take possession of the property by foreclosure. Therefore, it is likely the lender will require that the other owners join in the mortgage.
Agents and brokers are prople who have s** with there siblings
Not legally. It would be interferring with the transfer of property and could result in criminal charges.
To remove deceased siblingÕs names off property is different prices. It depends on the sates that the property is located and how old the property is. In some states it may be free cause hey allow you to do in over the internet.
If the three deceased heirs aren't mentioned then the 40 percent will be distributed to the two remaining siblings and the family of the three deceased. It is likely that the three deceased siblings had a will that will ultimately determine what needs to be done with their portion.
Not nearly enough information is given. If the "estate" being referred to is the 'estate' of a deceased parent(s) the siblings have only as much authority over the estate as the will of the deceased allows them. They each inherit individually what the will gives them, and if they inherit anything jointly, they cannot do anything with their joint-inheritance without BOTH being in agreement. It sounds like the questioner needs the advice of an attorney.
No. In most jurisdictions in the US the siblings would have no standing if the decedent had children as survivors.
That all depends on the wording in the will.Generally, there are a couple of types of devise that are commonly used in wills. If the will provides that the property shall go to the siblings or to the survivor of them, the surviving sibling will take all. However, if the will says the property shall go to the siblings or the issue of a sibling who predeceased the testator then the deceased sibling's share will go to her children, if any.On the other hand, if the will is silent as to the distribution in the case of a deceased child of the testator then the deceased siblings share will pass as intestate property to the legal next of kin of the testator. In your case that will be the child of the deceased sibling.You should consult with an attorney who can review the situation and determine what the law is in your state. In most cases, an attorney should be handling the probate of the estate if there is property in the estate that was solely owned by the testator.
Christina is still alive, but her 3 siblings are deceased.
Siblings can force the sale of inherited property in Florida. All siblings must agree or the property will have to be sold and split up, as long as each of them are on the property's name and/or will.
No. Unless there are other provisions in the Will the three siblings inherit their undivided interests as tenants in common. Each has the right to the use, profits and possession of the whole property. If the property is sold each will receive one-third of the net proceeds.
You have plenty of rights and your siblings just broke the law! When a person leaves a Will it's for a reason and the instructions in that Will should be followed to the letter whether all or one of you disagrees with the outcome. A Will must go into Probate. Probate makes sure all personal and property taxes are paid off, mortages, loans paid off and any credit card debts, etc. What is left in the Will (called "The Estate) is what is divided amongst the heirs that the deceased has put in their Wills. ALL HEIRS have a right to receive a copy of that Will. All Heirs (siblings) have the right to enter the premises of that home and divide equally any personal items of the mothers. I suggest you go to a lawyer and tell him/her you did not receive a copy of the Will (you may not be in it) and if you are, they will take steps to make the Executrix (female) Executor (male) pay up! Also, you can contest the Will through the courts. You're siblings are in big trouble if you are in that Will. Please don't sit back and take this, but find out if you were mentioned in this Will. If you aren't, and you were a caregiver to your mother, then you can still contest the Will. You better believe your siblings will want to settle out of court because the court system can hold up the process of releasing property and money for several years and usually people that do these things to their siblings are greedy, so they want their money. Go for it! Good luck Marcy
When a person dies without a will then his property passes according to the state laws of intestacy. Generally, if your brother had a surviving spouse and/or children they would be first in line to inherit. If none then parents would be next. If none then his property would be shared by his siblings and/or the children of any deceased siblings. You can check your state laws at the link below.
It really depends upon the contents of a will and how the property is titled under the wording of the deed. Generally property held jointly passes directly to the other owners and is not subject to probate action. In a case such as noted, the deceased share of the property will likely be passed automatically to the surviving owners under the state's Joint Tenants With Right of Survivorship (JTWRS) laws.