Can property be sold by a sibling when parents are deceased, but estate has not been probated?
204594
Not if there are other siblings, and also not if there is a will that states otherwise.
216854
You can purchase will documents, I imagine it would have to be notarized at least once written, I don't know the legalitites here. \nIf they feel so strongly the brother doesn't have anything ..ask them to please state this as to not cause ill feelings between you and your brother after they have passed, if they are not in fact already this way. However there would be enough for his "other grandchild" to have something left as well. You stated before this is big money so thier is plenty. Just make sure you open an savings acct for the other child and have co-ownership to the acct. (If you open It I would think you could do this.)The same thing goes for your mom, I'd ask that she have written to whom goes what after her passing so you don't have to worry about it after her passing and while she is in good and sound mind. Anyone of us could get in an auto accident and pass tomorrow.  Its a good thing for everyone to have and update when need be.
178305
the executor of the estate is supposed to divie up the remains equally, i think; and that means for everything that is sold you get an equal share.  if they sold it, it doesnt matter if they already spent their portion of what they got, they still owe you your share.  you can sue them.  its a shame people act so selfishly and unethical towards each other when their parent dies.
574335
If there are a lot of assets to divide avoid all of the bickering between relatives leave it all to me.....LOL no but really find a good estate planning attorney or whatever type of attorney that handles such matters there are plenty of them out there. just do your will and final testament and keep him/his firm on retainer for any changes alterations of which I'm sure there Will be and clearly state your intentions to avoid legal battles after your passing
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.
301310
You need to have a warranty deed or quit claim deed prepared and executed (signed over to you) and recorded on title. This can be done with your county's recorder of deeds. There is no reason to go through PROBATE as one person stated as your parents are not deceased. Have an attorney prepare the deed (this can cost as much as $300) and recorded and you will then be the proud owner of your home!!!!
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"
617923
Probate is filing the will with the courts, so notice to any one having claims against the estate can file, hospital bills, etc. No property can be disbursed until all debts are paid off, if the money left over cannot cover up, the judge makes the decision what property to dispose of to satisy the debts. Say the died, and all debts were settled prior. Sister still cannot get siblings to "sign over" property as it is still not legally in their names. This is what Probate is for, if their is turmoil between the surviving children as to whom gets what, be prepared for a lengthy and more costly battle in the court.
70465
you most certainly want to receive the house after death. you get a stepped up tax basis. you should have your parents set up a living trust to avoid probate.\n\nsee an estate planning attorney.. the tax savings can be very LARGE>
311317
Trot down to the probate court.  They have to open an "estate" and the will should be on file there.
80322
If you haven't co-signed for anything than you wouldn't be responsible. Check the laws that govern where you live though. The estate pays the bills, then anything that is left, is divided between the heirs, or according to the will.
494292
The mortgage is not relevant for taxes.  You need to know your tax basis in the property.  Normally, property received by inheritance is valued at the time of death to determine basis.  This means you should not have a capital gain.  You said the house is "in trust".  If this is true, neither you or your brother own the house, the trust does.  Your ability to "cash out" is determined by the terms of the trust and the decision of the trustee.  You need to consult and attorney who needs to read the trust documents.
428990
If your father died in 2005 the estate will be exempt for the first 2 million dollars.  You will need to file an estate return which normally requires an attorney and a CPA because they are rather complicated.  Not filing the return will surely complicate things.  If there are taxes due and not liquid assets to make those payment from the estate the estate will need to liquidate some of the assets.  In plain language that means sell some of the property to pay the tax.  The estate can sell it to you or anybody.  If you do nothing the government will take what they think is due.  Generally that is a great deal more than if you file the proper return in a timely manner.
200237
Depends upon the location of the property (as in which State).\n\nAlso what do you mean by "life estate?"  Was she given a life estate in the property under the terms of someone else's Will?  If so, she has right and use of the property until she dies unless the Will was worded differently that the customary phrasing for bequeathing a life estate ~ that's why it's called a "life" estate.  There isn't any monetary value to a life estate, as far as I know, but laws do vary from State to State.\n\nFurther, if this *is* what you mean by a "life estate," the children need to consult an attorney who specializes in probate/estate law to find out if they can legally sell the house as long as their mother is alive.
161490
The only kind of estate purchase I've ever heard of is when someone dies and the person who has power of attorney over the deceased person's belongings sells them off to private buyers or holds an auction.  You could try checking your local newspaper for estate auctions.
213402
Your deceased mother's property should be distributed according to her wishes, and those wishes should be spelled out in a will. \n\nHer Texas driver license is not her property. It belongs to the State of Texas, and should be surrendered to the Department of Motor Vehicles, since she is deceased. \n\nThe law addresses the illegal USE of those documents, but mere possession of them as part of estate property should be addressed by the executor of her estate. \n\nAnd, yes, if you're unable to simply ask your aunt for your mother's things, you'd do well to send her a letter asking for them. Remember, however, that while you're her daughter, that your aunt is her sister. Might be a good idea to sit down together and talk about your mother's property.\n\nGood luck.
552775
Any solicitor will expect you to place him in funds initially to cover the costs of taking out Letters of Administration.  One of the problems of dealing with the estate of a person who has died intestate is that inheritance tax has to be paid up front by the person making the application, so there are more things than the solicitor's fees to worry about, especially if your mother left substantial property.  However, if your mother died leaving a number of bank and building society accounts then what could happen in practice is that once things start moving, you will find the solicitor handling the estate willing and able to reimburse you for your initial expenditure and then take money out of the estate to cover fees as he goes along. If your mother left considerable liquid assets, therefore, all you have to worry about is finding the initial lump sum to pay down to the solicitor.  If she didn't, then you may well have to take out a bank loan to pay fees and charges, as otherwise nothing is going to get done.  Remember, everything you pay down is reimbursable.  Very unfairly, however, you can't claim for interest charges if you do take out a loan.  \nI have been in this situation and I know what it is like.  My sympathies as well as my condolences.\n\np.s.\nHaving traced your earlier question, I realise that you are not in fact in a position to take action of this kind, as another sibling is administrator of the estate.  That means that you cannot have access to your share of your mother's estate until it has been wound up.  That other relative is in the driving seat and unless you feel that you have reason to sue your relative (which sould be a most regrettable thing to do and would probably cause a permanent rift) you will probably have to sit this one out.  Solicitors are only permitted to work on a contingency fee basis in non-contentious cases, which such a case as this would certainly not be!