The estate is responsible to pay outstanding debt before being distributed to the heirs.
You open an estate. That is the purpose for the estate, to transfer property and resolve the debts of the deceased.
Not legally. It would be interferring with the transfer of property and could result in criminal charges.
If the sister-in-law is the wife of the deceased husband and the property was signed over to him before his death, then she may have an interest in it that give her a right to seek possession of it. If the sister-in-law is the sister of the husband who is now deceased, then the specifics of the property transfer and of the husband's will, among other things will determine whether she has any rights to the property. Consult a lawyer who is licensed to practice where the property is located.
The probate process is called Succession only in Louisiana. The answer is YES, it is necessary to file a Probate in any other state in which the deceased owned property. This is necessary in order to transfer the ownership interest of the deceased to the heirs.
You cannot transfer another person's property to yourself by using a mortgage. You need to seek advice from an attorney who specializes in real estate and probate law who can review your situations and explain what needs to be done.
In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.
No. Not unless they transfer their interest in the property voluntarily.No. Not unless they transfer their interest in the property voluntarily.No. Not unless they transfer their interest in the property voluntarily.No. Not unless they transfer their interest in the property voluntarily.
The person who signed the mortgage is responsible for the loan. They must notify the lender if they transfer ownership to someone else and the full balance will be due at the time of the transfer. If the mortgage isn't paid the lender will take the property.
It is called Rights of Survivorship.Rights of Survivorship~ the property automatically transfers to one spouse upon the death of the other.
In order to transfer their interest in the property to a new owner.In order to transfer their interest in the property to a new owner.In order to transfer their interest in the property to a new owner.In order to transfer their interest in the property to a new owner.
Generally, they can transfer their own interest in the property but not the interest of the other co-owner.Generally, they can transfer their own interest in the property but not the interest of the other co-owner.Generally, they can transfer their own interest in the property but not the interest of the other co-owner.Generally, they can transfer their own interest in the property but not the interest of the other co-owner.
The answer depends on the details. If it was a legitimate transfer for consideration the lender may have missed its opportunity to attach its lien to the property. However, if it was a transfer for the purpose of avoiding the creditor the court may allow the lien and void the transfer. Creditors are aware of this distinction and will petition the court to protect their rights.