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The proof is in the estate that was duly probated in the probate court. When a person dies owning real property their estate must be probated in order for legal title to pass to the heirs. The judgments filed in the probate court provide proof of title.

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11y ago

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Can a heir be forced to sell his share of an estate?

They have a share of the estate. That is not necessarily a share in a specific item or property. The executor sells and the proceeds are distributed per the will. Until you receive the property, you have no control over what is done with it.


If you paid the delinquent property taxes on another person's property can you own there property?

I would say the answer is no. There could be exceptions for different countries and states. In order to purhase property by paying taxes on another person's property a foreclosure preceding is filed and posted then a purchase can be made at the time the property is offered for sale.


How do you define the tort of 'trespass to land'?

Trespass to land is a common law tort that is committed when an individual, or the object of an individual, intentionally enters the land of another without a lawful excuse. For such a tort to hold up in court, generally the plaintiff must prove that the said trespasser damaged property of some kind.


Does a trust override a will?

A person's will is intended to direct the distribution of their property after their death. Sometimes a person's assets change during life. If a person transferred property to a trust during his life that property would not become part of his estate unless some provision in the trust directed that the property should pass to the estate. Therefore a trust would "override a will" if the property mentioned in the will had already been transferred to a trust during the life of the testator.


How do your get a car you own off of someones property if they wont let you on the property?

If you can prove it's yours (title, payment book, registration is in your name, etc) then the police or constable are often willing to go to the property with you to keep the peace, while you load up/start up your vehicle and leave. If that's not an option, but you can prove it's yours, then hire a repo man, (look for "Asset Recovery") or ask a beater car lot or small bank who they use for repo's. Expect to pay somewhere around $300 for the repo, and be prepared for some minor damage.

Related Questions

What is the meaning of heir?

A person who inherits possessions is called an heir. The word heir is a noun. Some synonyms for heir are beneficiary, grantee, inheritor, and successor.


Are err and heir homonyms?

No, "err" and "heir" are not homonyms. "Err" means to make a mistake or be incorrect, while "heir" refers to someone who inherits property or a title.


If your father-in-law leaves an inheritence to your husband are you intitled to some?

According to property laws, inheritence is considered separate property which is owned by the heir. A spouse is not entitled to inheritence.


If a Single person dies what happens to his mortgage?

The mortgage is still attached to the property. An heir can take over any interest in the property, as assigned by the probate court, but the heir will need to secure financing to cover the amount of money owed on the mortgage(s). If you're asking whether the mortgage goes away, no, the debt remains attached to the property until the debt is satisfied. Some banks offer "Credit Life" insurance which covers the mortgage, but it usually costs extra.


Is the heir always a male?

In ancient times some cultures wouldn't allow females to own property so the heir had to be a male. In modern cultures this is mostly not the case but, there are a few cultures that still cling to the old ways.


How important is an heir?

The importance of an heir can vary greatly depending on cultural, familial, and personal values. In many societies, an heir is seen as a means of continuity, preserving family legacy, and passing down wealth or property. For some, having an heir can provide emotional fulfillment and a sense of purpose, while for others, it may hold less significance. Ultimately, the value placed on an heir is subjective and influenced by individual beliefs and circumstances.


Can your car be towed off of private property if the registration sticker is not current?

Your private property, it can be done under some derelict vehicle laws in some towns. But there legality is difficult to prove or enforce. Find out the reason and fight back.Off some one Else's private property YES


What is an asset of a person?

An asset is some property or right having value owned by a person.


Can a heir be forced to sell his share of an estate?

They have a share of the estate. That is not necessarily a share in a specific item or property. The executor sells and the proceeds are distributed per the will. Until you receive the property, you have no control over what is done with it.


What are some sentences with the word heir?

Traditionally, when a king dies, the heir to his throne is his eldest son.


How can you contest a will if you are the only heir?

If by "heir" you mean that you are the sole beneficiary under the will, then you cannot contest the will unless you suffer some sort of loss or financial harm by reason of the probate of the will. One type of loss to a sole beneficiary would be the appointment of a person as executor who is not qualified or would be detrimental to the estate. If the sole beneficiary believed that the named executor unduly influenced the testator into making him the executor then the will could be set aside either in whole or in part. Sometimes a will is made which is in all other respects in accord with a testator's wishes except for one aspect. It is theoretically possible (and has been done in New Jersey at least) to set aside just the appointment of the executor while leaving the rest of the will intact. Another instance of a sole beneficiary challenging the will is if the estate is given to the sole beneficiary in trust for several years with outright distribution not being made for a long time. The beneficiary's loss is the tying up of the trust funds for years together with the cost of the trustees commissions over the time the trust is in effect. In this situation, the trust would have no contingent or succeeding beneficiary otherwise, you would not be the sole heir under the will. A will with at trust without a contingent beneficiary is ripe for a will contest, because such a trust lacks such an important part, that it looks like a mistake that may be evidence of a lack of proper testamentary intent. This question presents an interesting opportunity to explain some technicalities of probate law. This is an exercise in semantics; however, in strict technical terms an heir is a person who inherits a decedent's property when there is no will. A beneficiary is a person who receives a decedent's property when there is a will. Sometimes beneficiaries are called "legatees" if the receive personal property and "devisees" if they receive real property. Most modern probate laws have abolished the distinction between legatees and devisees, so the difference in meaning is mainly historical now rather than legal. So, if a person is the only "heir", meaning the only person who would inherit in the absence of a will, and if the will gives all or part of the estate to other persons or entities, the heir can obviously challenge the will, because he has the appropriate financial interest to give him/her standing to sue. Generally, standing to sue exists only when a person is "aggrieved" by the probate of the will, meaning he or she suffers some sort of financial loss because of the will. The heir's loss is that he/she would have received more money but for the will. He has standing to sue, but he still has to prove his case.


Can a person insure property that belongs to someone else?

No, in order to get an insurance policy on property you need to have an insurable interest. Meaning you need to own the property or have some other interest in the property.