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What happens after probate if a house is involved and a beneficiary wants to keep it?
Wiki User
∙ 10y ago
The beneficiary can buy the property from the estate. That means the mortgage must be settled and the price must be market value.
Wiki User
∙ 8y ago
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If a person leaves a house to someone in a will can the beneficiary move in right away or have to wait for the probate court to approve the will?
Not only does the beneficiary have to wait for the probate of the will, but will most likely have to wait until the executor is satisfied that the house does not need to be sold to pay any debts of the estate. Until administration of an estate is complete, the executor has the right to possession of all estate property, including the house. If the executor wants to, he/she can let the beneficiary in the house. But even there, the person appointed as executor has no power to allow that until the will has been probated. This is because that person has no power to act as an executor until the will is probated.
What happens when you make a will and in your probate you leave your house to your 4 children but later you change your will to one child having your house but didn't change your probate who gets it?
I'm not sure what you mean by your probate? Your will is the legal document. Probate does not exist until after your death and the court issues the letters of authority.
If the house was left by an uncle to the woman who was in it with him he has died when does it becomes hers?
The estate must be probated in order for title to the property to pass to the beneficiary. As soon as the will is allowed by the probate court title passes to the beneficiary. However, the estate must be probated and a notice published so creditors can file claims within the statutory period in your state. Once the probate proceeding is completed the beneficiary owns the property free and clear of any claims.
What happens to a home insurance policy when the holder dies?
the house is paid off and given to the beneficiary
If a house is in probate what happens if one of the heirs dies?
The gift to the beneficiary will become part of the beneficiary's estate. Generally, the interest of the deceased heir will pass to their own heirs according to the provisions in their will or to their heirs-at-law under the state laws of intestacy. Also, their estate will need to be probated. The attorney who is handling the original estate can explain what needs to be done in order to clear the title to the property.
Do we have to go to probate for someone to buy her house.Your grandma died 10 days ago without a will She has a house she owed on on and a vehicle she was still paying on What happens now?
Without a will, her estate will have to go through probate.
If my husband dies what happens to the house I'm not on the mortgage?
If your husband has a will then his property is distributed accordingly, if he not have a will then the distribution of property is determined by a probate court.
When a house is in probate and some of items in the will have been taken is it theft?
If they were left in the will specifically to the taker (beneficiary), then it is not theft. If they were taken by someone else, then it is some form of fraud or theft depending upon the laws of the state in which the taking occurred.
If a will is not contested a mother dies owned a house and there is no contest as to what happens to the house is probation required in Texas?
Probate is going to be the only way to transfer title. Otherwise the title will not be considered valid.
If a house hasn't gone though probate is there a time period to retrieving a house that was willed to you?
The house MUST go through the probate process in order for title to pass to you. The will must be presented to the probate court for allowance and the court must appoint an executor. When the probate process has been completed you will be the owner of the property.
Is a deed from the county courthouse of a deceased parents house good enough to stop probate?
A deed does not stop probate from taking place. If the deed had a right of survivorship, then it might prevent the house from going into probate.
deceased stepfather secretly gave thousands to his bio kids prior to death.mother needs funds from sale of house to survive.will states his kids get 50% if prop.sold. does she have to probate can she just sell house and move on what is legal?
Tere are many many factors that can effect the outcome of this situation,was there a will involved,a probate attorney needs to be consulted
