Yes, agreeable heirs can sell a deceased person's property without going through probate in certain circumstances, such as when the property is held in joint tenancy or if it is designated as a transfer-on-death asset. However, if the property is solely in the deceased's name and there are no joint owners or specific arrangements, probate is typically required to establish the heirs' legal right to sell the property. It's advisable to consult with a legal professional to ensure compliance with state laws and to address any potential complications.
Not legally. In order to sell real property, someone has to have the authority to do so. Without a letter from the probate court, such a transfer would not be legal.
If you own an interest in property as an heir and the property was sold without you joining in. You still own your interest.
Yes.
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
No, taking property from a deceased family member without legal authorization is considered theft. The property of a deceased family member typically goes through the probate process to determine rightful heirs and distribute assets according to the deceased person's will or state law. If you believe there are disputes over the inheritance, it's best to seek legal advice.
A person who dies without a will is said to be intestate. Each state has specific laws about how property is divided when the deceased is intestate.
Certainly not, it would be theft.
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.
Removing a deceased spouse's name from a deed is typically done to clarify ownership and ensure that the property can be transferred or managed without legal complications. This process often occurs after the property has passed to the surviving spouse through inheritance or community property laws. It helps to streamline property transactions and can be necessary for estate planning or settling the deceased spouse's estate. Additionally, it can prevent potential disputes among heirs regarding the property.
When a person dies without a will, their property is considered to be "intestate." In such cases, state laws determine the distribution of the deceased's assets, typically favoring close relatives. Generally, the property will pass to the deceased's spouse, children, or other family members according to the intestacy laws of the jurisdiction. An administrator may be appointed by the court to manage the estate and distribute the assets accordingly.
Yes, property can remain in a deceased person's name until it is properly transferred through the probate process. The estate must be settled, and assets distributed according to the deceased's will or state laws if there is no will. Until this process is completed, the property may still be legally associated with the deceased individual. However, it cannot be sold or transferred without going through probate.
If the co-owner is agreeable or the house is titled in a way which allows the property to be transferred without the consent of other owners then it can be done using a quitclaim deed a simple and inexpensive procedure.