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It can delay the closing but if the decedent fully executed a P&S agreement it is an encumbrance on the real estate. The delay would be in obtaining a deed from the estate. The executor or administrator must have or obtain the power to sell the real estate. You should consult with an attorney who specializes in real estate law.
What else can I help you with?
How do you file a quit claim deed on dead parents and 10 children?
You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.You don't. You must probate the estate of the legal owner of the property so title can pass to the heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain your options.
What happens where a testator owns a property jointly with someone else?
Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.
How can one obtain the power of an estate after the death of the owner?
To obtain the power of an estate after the death of the owner, one must typically go through the legal process of probate. This involves presenting the deceased owner's will, if there is one, to the court for validation and following the instructions outlined in the will for distributing the assets of the estate. If there is no will, the estate will be distributed according to state laws of intestacy. It is important to consult with a probate attorney to navigate this process effectively.
When property owner dies who can dispose of his estate by will?
Only the owner can dispose of his estate by will.When a property owner who left a will dies her/his will must be submitted to probate court so the court can verify the will is technically valid and then the court will appoint an executor to settle the estate. If the owner left no will an administrator must be appointed by the court to settle the estate according to the state laws of intestacy. You should contact an attorney who specializes in probate. You can check the laws of intestacy in your state and other jurisdictions at the related question link.
Is it illegal to live in a house with a deceased person's name on the deed?
No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.
Can a property be sold below market price to a realative to avoid probate?
If a property owner has died then they can't transfer the title to their real estate. If a person died owning real property their estate MUST be probated in order for title to pass to the heirs. If you are not the owner then you have no power to sell the property.You should consult with an attorney who specializes in probate law.
What is best New York State real estate deed title to avoid probate?
To avoid probate the property must either pass automatically to a joint owner upon death, or the owner must be a non-individual, such as a corporation, trust, family limited partnership, or the like.
Can a property from probate estate be rented out indefinitely?
The estate must be probated in order for legal title to the property to pass to the heirs. The property cannot be insured until there is a legal owner. You have no right to enter into a rental agreement unless you are the legal owner. Any contract you sign would be void and further, it would be fraudulent. The tenant has the right to know who the legal owner of the property is. Property from a probate estate cannot be rented out indefinitely. Property that is in a probate estate is within the sole possession and control of the executor but only until administration of the estate is completed. The executor is obligated to administer the estate promptly then distribute the property to the rightful beneficiaries. Since only the executor may rent out property that is in the estate and since the executor's authority over the property is only temporary, it goes without saying that an executor may not rent estate property out for an indefinite period of time.
What is the definition of probate value?
Probate value refers to the fair market value of an asset or estate at the time of the owner's death. It is used to determine the value of the estate for the purpose of settling debts, taxes, and distributing assets to beneficiaries.
How do you transfer stock when the owner is dead and left a power of attorney?
The power of attorney has no value. The probate court will have to appoint an executor for the estate, who can then transfer the stocks.
Who are the solicitors that can claim to sell a property when owner dies?
The persons who are authorized to sell the real estate of a decedent are named in the probate file at the court of jurisdiction.
If a single parent dies intestate do the children have to file probate?
If the parent is the sole owner of any property at the time of death their estate must be probated.
