Can property be sold by a sibling when parents are deseased, but estate has not been probated?
218396
was the property left to that sibling in the will?  You really need a lawyer for such a thing, it gets complicated.
61512
It all depends on if your mother had a will or not? If she did, is your brother the executor to the estate? was the money left in trust to you? Was your brother given power of attorny?\n You would be better off to ask an attorny, then to ask questions on yahoo reguarding these matters, and you ask the question like we all have crystal balls...I SEE A MAN... HE IS TRYING TO STEAL FROM YOUR MOTHERS ESTATE.. I mean come on, How are we supposed to know. Like I said "Seek the advice of an attorny"
417307
At the time that the estate of the decesased transfers title to the property to a beneficiary, the estate is deemed to have "sold" that property at its current fair market value. If the property was used as a principal residence by the deceased prior to his/her death, no income tax will be payable by the estate on the increase in value between the deemed selling price at death and the original cost of the property to the deceased. \n\nThe beneficiary of the estate is deemed to have acquired the property at its current fair market value (cost base) on the date that title to the property transferred to that beneficiary. If the beneficiary decides to sell the property immediately, the liklihood is that there will be little or no capital gain since the selling price will be very close to the beneficiary's cost base. To the extent that there is a gain it will be subject to income tax in the hands of the beneficiary. At the present 50% of the gain would be taxable.\n\nIf the beneficiary moved into the property and used it as a principal residence prior to selling it, tax may be avoided entirely on any capital gain realized on a subsequent sale. Care must be taken to ensure that the property is in fact the principal residence of the person making the subsequent sale. Needless to say,  the Canada Revenue Agency is cognisant of the fact that people do try and use the exemtion on sales of a personal residence as a tax doge in some circumstances and look carefully at these transactions which are a matter of public record.
60168
The house was in both parents names when she died she had no claim over it so he had full ownership - had she made a will and stated that her half go to her children then he couldn't have sold it without their say so.\n\nhe would have had to give the children half if the will was changed and you wanted it to be sold.
487907
Yes they can. If the property is in foreclosure then the loss of value is to the lien holder, not your mother, who will obviously be abandoning the property.
471296
I did know of a case once where a family were left a very grand house on condition that they lived there as a family.  I didn't see the will, and only had their version of things to go on, but it is possible to make a bequest subject to a condition, in which case the testator (person making the will) has to spell out what will happen to the property being left if that condition is not/ceases to be fulfilled.  I don't think your flatmate would give up her freedom to go back and live with her mum without good reason.  Whether that good reason is to do with the will or because her mum really needs her there is her business, and whichever of the two it might be I don't see how you can describe it as selfishness.
480798
No,2 beneficiaries of a will can not sell land that was left to them in that will if there is also a 3rd beneficiarie!
68367
If you signed for a loan, you owe the money. If for whatever reason you can't pay, the bank will go after her assets and the house would be the secured part of the loan. Seems that for fairness sake, the loan should be paid from the sale of the house prior to anyone getting a share of the estate. Of course life is not always fair. Consult an attorney.
19987
You said "The deceased had no personal property that can be divided".\nThis statement could be misleading...\n\nThere is a difference between saying the above and saying "The deceased had No personal Property". \n\nA HOUSE can not be divided. A Diamond Ring, could not be divided. A Company could not be divided. \nBUT all of these have a tangible worth...\n\nThe answer is: The ESTATE is responsible for All the Bills of the deceased person...\n\nThat is to say, if the deceased owned a house worth $50,000, and had bills of $40,000, then they would have to SELL the house, and pay the Bills.. This leaves and estate of $10,000 which CAN be divided.\n\nThis is generally the case. The Bills must be paid, so the estate must Sell any and all assets needed inorder to pay them.\n\nIf there are 2 beneficiaries and they own a house jointly, one may buy the hoise for the fair market value of the house. THEN the money is used to pay off the Bills. ANy balance is then Split..\n\nBut, NO! \n\nThe amount of the indebitness greater than the amount of the liquidatable assets cannot be passed to the beneficiary. (Other than if they were Partners in business or married).\n\nI can inherit a car that is paid off from my uncle. \nBUT, if his net worth is negative, I can not inherit debt, I just inherit NOTHING, not even the car.
141063
You need an attorney, without a doubt.  You also have to release the funds/property exactly as stated in the will.  Your job is to make it go smoothly, and make sure everyone get's what their supposed to.  An attorney will help you do this legally.  I know I just went through this about 2 years ago.
498425
A grantor who gives a deed can only sell what he owns. When he gave the deed to your mother, he did not own the land, so the deed was and is worthless. When he finally owned the land, he could give it to whomever he wanted. His sons own the land.\nIf your Mom lived on the land for those 20 years, thinking she owned it, she may have a claim under a theory of adverse possession - but she has to have had open, continuous, exclusive, adverse and notorious possession.
124109
You need to get an attorney specializing in probate and estates.\n\nYour sister "can" make changes to the will but she's not allowed to.  She "can" be appointed executor but she doesn't have to be.\n\nWhomever files the probate first has the best shot at being named executor and you may not actually need the will to do it (just the knowledge that there is a will).  Call a lawyer this morning.
349678
You need to speak with an attorney who specializes in family law and preferrably has experience in handling estates as well. With your Father having no will I believe you and your sibling(s) are entitled to a portion of his estate. How much I don't know. Depending on which state you live in you may be able to find some information online. If you can tell us which State I'll help you look and post back here links that I find. \n\nI am so sorry for your loss. At 22 you shouldn't have to deal with this. \n\nIf your parents were legally separated that may be a good thing. You did mention having proof with some type of legal documentation. \n\nIf I were you I would get as much of your ducks in a row as possible before confronting your Mother. \n\nGood Luck.. I hope you are successful.\n\nBren... you don't allow email. Start here.... \n\n1-800-221-9576  It is a phone number for the Legal Consumer Guide for California. You can call them for a free consultation. It is a toll free number. They man the phones 24/7\n\nThere website is located at:\n\nhttp://www.legalconsumerguide.com/index.html\n\nClick on the Contact Us link.\n\nAnother Link that may help... http://www.courtinfo.ca.gov/selfhelp/lowcost/lawyers.htm\n\nAlittle more information..\nhttp://www.ca-trusts.com/intestate.html
649542
Can you track down your sister?  Maybe one of your relatives knows where she is.  I'd probably try to find her first and talk to her about buying her share of the house.  That would probably be the most straightforward and least expensive route.  \n\nPrepare beforehand.  Take the current value of the house.  Divide it in half.  From that half - subtract the mortgage you paid (if she took all the money), half of the taxes you paid and half of the repairs you had done.  Add what you would have paid for rent to live in the house for that time. (Forget the water bills since you used the water.)\n\nThen subtract what you would have paid for rent during that time.\n\nBased on that figure - decide what you're willing to offer to buy her out of the house.  Start on the low side so you have some room to negotiate but be fair.  If you can reach an agreement here it will save a lot of legal fees and hassle.\n\nOtherwise - see a lawyer.  I'm sure a lawyer would be able to advise you on how to use the value of the house to get the repairs done.\n\nI'm not so certain about getting your sister's name removed from the deed.  Your parents wanted her to have half of their home.  While it's your duty to protect your sister's investment by getting the repairs done - it doesn't seem right that you should take her share of the inheritance.
212670
Parents can leave any inheritance that they want to.  There is not a set percentage.
262809
Find yourself a probate attorney quickly.  \n\nIf your brother is the executor of the estate, it is probably within his power to sell the land, though, as he will be empowered to do with the property as he sees fit.  You are, assuming you are named in the will (if there is a will), entitled to whatever portion of the proceeds from that sale that you have been designated to receive.  You probably won't see this money until it has been submitted to probate court in the final accounting of the estate though.  I have a hard time believing that you don't have a death certificate for your father if he died over 6 months ago.  Although, I don't really see the relevance in this instance.  A probate attorney will probably advise you to make sure that all of your father's property was inventoried properly.  If he died intestate, then you have a whole other mess.  Bottom line, find a probate attorney.\n\nYou could start your search in your yellow pages or www.martindale.com
67754
Depends on State Law of the State you are in. But most states have a in testate clause (means without a will) that has a heirarchy of hiership, and yes your deceased siblings children would be intitled to that part he&#92;she would have recieved if still alive. Go to WWW.STATE.(whatever state you are in).org and there should be a link to state legislature.