In VA can an heir sue if the executors sell real-estate with out his signature on the deed?
146210
See a lawyer.  I believe the executor has the right to liquidate assets in order to pay outstanding debts or other bills against the estate and this must be done before anything remaining is distributed to the heirs.
1093095
Inheritance laws vary by state. The executor of the will is responsible for making an effort to locate heirs. What happens if no heirs are located is that the estate will go to the state.\n\n"No heirs" also includes those entitled to the estate if the named heirs cannot be located.\n\nLaws vary by state but that's the general process.\n\n"No contact" is irrelevant regarding the right to an inheritance.
495094
Wills don't have to be probated.  But until they are, there is no legal force behind them.  The court decides when it has been properly executed, that it hasn't been revoked, and that the person who wrote the will was the person who died.  If the will isn't probated, then you better be sure that there are NO disputes, because anyone can come out of the woodwork and say "um, that mobile home was actually supposed to go to me."  Not that this claim would win, but probating the will would help protect against these types of claims.\n\nThe reason you're selling off the property and dividing the proceeds is because cash is easier to split than personalty (personalty being personal property).  The titles to this property are irrelevant because as soon as your mother died, they were transfered to her estate and you and your sister are the beneficiaries to that estate.  So no, this is not why the will had to be probated.\n\nThe lawyer who administers the estate on your behalf has a right to charge however much he wants to.  It's your duty to ensure that this is not overly burdensome.  But if you signed a contract saying that he would get 5% of the estate, then it's more than likely too late for you to back out of that.  I personally don't believe that 5% is outrageous when it comes to working with the courts to make sure that everything is handled properly.  Just make sure he's keeping his side of the bargain by informing you when you have to file returns, what taxes (if any) are supposed to be paid, and when the probate process is going to be over.
1047765
They can protest but I believe from reading this page their attempt would most likely fail.  The will has to have physical damage or have a signature crossed out to be invalid, and if that were the case an older version of the will would be accepted, I think.
947851
Entirely depends on the clauses therein contained. My advice is go thru a lawyer. DON'T ever try doing it on your own. \nIf there is a Donor, a Trustee and Beneficiaries, all parties involved in the existing trust deed have to sign (consent to the revocation of the deed). Once it is revoked you may want to or not , enter into another trust deed. It becomes Irrevocable only if one or more of the parties are not available to sign the revocation. In the event of any revocation it could also become an issue as to who will become the beneficiary. The persons involved can object that the original donor may not be allowed to become the sole beneficiary as a result of the revocation.\nThe reason for this works on the principle that once the donor creates an irrevocable trust deed, even he has no power to undo it as it (e.g. property) is not his anymore.
605831
Yes if selling they both have to sign, if they're both on the deed.
914962
Absolutely not, unless  (A) you are a licensed real estate broker and (B) you have a pre-existing written agreement to do so signed by every estate beneficiary from whose interest the commission would be paid.   As a P.R. you CAN seek additional P.R. fees for extra services to the estate involving sale of real estate that either the beneficiaries expressly consent to in writing or that a court allows on application after notice to the beneficiaries.   Such additional fees must be based on such factors as additional time and  liability over & above the routine duties of a P.R., not on a percentage of the sale price -- which would constitute a commission.
837299
I assume you are talking about a deed of trust that mortgages a piece of real estate?\n\nThat being the case - if you are signed on the mortgage & it goes into foreclosure - you could lose your ownership interest in the property.  \n\nPeople can sign a mortgage using their property as collateral on a loan without being indebted for repayment.  Not the smartest move to make, but it happens.\n\nPrior to losing your vested interest in ownership - you would have the right to cure the delinquency to remain the owner.\n\nNow, if you are also signed on the contract for repayment of a loan, all collection rights of the lender apply to you.\n\nNow - if you are simply on the deed to the real estate & there is no mortgage on it - you are an owner of the property.  If it is only in your name - sole owner, if joint with other people - you own whatever % exists.  For instance 5 people on deed - you own 1/5, 2 people on the deed - you own 1/2.\n\nThis what you mean?
938592
This will depend on the law of the jurisdiction where these events occurred.  Normally, the statue of frauds would apply and not let you enforce an agreement that was not signed, regardless of whether or not there was an oral agreement to sign the contract or complete the contract.  In some jurisdictions, while you would not be able to force the buyer to sell the house, you might be able to claim damages for breach of the oral contract, assuming you could prove damages.  In this case, I think the damages would be difficult to prove, unless you could show specific costs or expenses you incurred in reliance on the oral promise to complete and deliver the signed contract.
599103
Dear Friend,\n\nThis is essentially two questions -- one sounding in contract and one sounding in real estate.  \n\nFirst, at or before the time your father was buried, there should have been an agreement made with the cemetary as to how the grave would be kept.  Who made that agreement with the cemetary?  What did it say about your stepmother?\n\nSecond, who owns the plot?  If your family owns it/bought it/ paid for it, their word is final.  If not, not.\n\nTalk to the cemetary about who gets to make this decision.\n\nYours in Him,\nFrancesois
199619
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.
76710
Probably not.  The lien just preserves their right to make a claim against your property at some point in the future, usually when you go to transfer ownership or sell it.
1031484
You have to show that the decedent was not in control of their faculties when the will was signed or that it was signed under coercion or duress.\n\nIf you're just mad because Aunt Edna left her estate to the cat, you've got a fight ahead of you.
451211
I know you can in North Carolina -- here's the ruling from the State Bar in N.C.:\n\nAn attorney who is also a real estate broker may so indicate on his letterhead. He may operate both businesses from same office. \n\nBut you should just contact the S.C. State Bar -- they'll tell you, and probably can do so anonymously, if thats what you want.
841078
No.Make an itemized list under a certain heading for example, Tom gets my book collection etc, household items for Tom.\nIf there is a true quality item be sure to specify who gets it and list those items of interest separately. Name a well who becomes executor of your estate and be sure that person signs and agrees to do so and have all signatures notarized.
274517
contact the executor of the estate and ask him/her if and when it is for sale. make an offer.
86050
Try going to your local lawschool/lawlibrary.  They may have forms for pro se (do it yourself) patrons.  Sounds like a joint tenancy with the right of survivorship.\n\nOf course, if you want to be on the safe side - you should get an attorney to handle it.  The cost may outweigh the potential problems that can pop up if the deed is improperly executed.