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If real property is in Mothers and Son's names and mother dies do you need to go through probate if there is no will?
If mother and son owned the property as joint tenants with the right of survivorship there is no need for probate because son automatically became the sole owner when mother died. If they owned as tenants in common the mother's interest became part of her estate and it would need to be probated.
What else can I help you with?
If your late mother has left a will do you need probate to sell her property?
Yes, your mother's will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
If a property is owned by the daughter and the deceased mother is that considered the deceased estate?
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.
How do you do I sell my dead mothers house if I am not on the title?
Your mother's estate must be probated in order for the title to the property to pass to her heirs. Right now you don't have legal title to the property and cannot execute a deed. You need to contact an attorney who specializes in probate in your area.
Can one see deceased mothers will before probate?
If your mother allows you to see it. If not, then you will have to wait until it goes to court.
My mother's will states that property go to her siblings does it have to go to probate?
Yes, in order for the property to be properly transferred, the executor has to execute the deed.
Your mother was on title to a house with your daughter. Mother signed a quit claim to you. If your mother passes away can the property be tied up in her probate?
According to your question, your mother and your daughter owned property together. That deed should be recorded in the land records. If they owned as joint tenants with the right of survivorship, when your mother dies her interest in the property would pass automatically to your daughter and bypass probate. If your mother signed a quitclaim deed that conveyed her interest to you, that deed must be recorded in the land records. By executing that deed, she broke the joint tenancy she had with your daughter and now you and your daughter own the property as tenants in common. Your mother no longer owns the property and it would not be included in her probate estate.
Can you evict a stepmother if the property was given to you by a quitclaim deed through a father?
Maybe, but the law protects the rights of spouses. Your step-mother may have a life estate in the property. You will need to consult a probate attorney and the will to determine what her rights are.
How can i find out who the executor of my mothers will is?
To find out who the executor of your mother's will is, you can start by asking family members or close friends if they know. If you have access to the will itself, the executor's name will be listed in the document. Alternatively, you can check with the probate court in the jurisdiction where your mother lived, as they will have a record of the will once it has been filed for probate.
In Colorado mother died her will leaves her home to brother can it be transfered without going through a lawyer?
I am not an attorney, but having done some research re: my mother's assets, I can say that if the property is given in a will, the will must go through Probate Court. All wills go through Probate Court. If the property is given by way of a Trust, then you don't need to go through Probate Court-- an attorney is still advisable to handle the change of title. Incidentally, a possible unforeseen difficulty you may face is that the transfer of the home may be a taxable event if it is done through a will. A trust would have helped to avoid this, including accrued value from the time of mother's purchase to her death. At least, get a consultation from an attorney. Many attorneys would offer you this for little or no cost.
Mother has passed she was on a fixed income She had a credit card from a Dept Store Who is liable for this account?
If your mother had a Will and owned a house or property (even a car) then this is considered an Estate and would have to go into Probate. Probate makes sure all creditors, taxes, etc., are paid before any monies or property is distributed to an heir or heirs.
What do you do if your deceased mother had a lien on some Texas property and it was sold without your signatures and you did not receive any of your mother's money?
If the lien was against property owned by the mother it had to be paid in full, perhaps there was no money left after that was done. In regards to the "signing" issue, if the persons were not listed on the property title then there was no need for their signature(s). If the deceased held a lien against someone else's property that issue would have to be decided through probate. The best option would be to consult an attorney who is versant in probate/estate law. Most attorney's offer free or minimal fee consultation to explain legal options.
What did Roman mothers do?
Roman mothers stayed home and raised the children. They had to do what their mother-in-law said. Women could not own property or inherit after her husband died.
