Can property be sold by a sibling when the parents are deseased, but the estate has not been probated?
480483
was the property left to that sibling in the will?  You really need a lawyer for such a thing, it gets complicated.
337282
The UK typically follows a "per stirpes" distribution for inestate deaths. First off, if your brother had any children or if his parents were alive, they would inherit the estate.  Failing that, then his siblings would be next in line.  However, if his siblings predeceased him and left issue of their own (i.e. children) then the children would take the place of their deceased parent.  In your case, your brother's estate would be split into 4 parts with each sibling's family getting a quarter.  The two living siblings would get 25% apiece and the children of the deceased siblings would split their respective parents' 25%.  If for example one deceased sibling had three children, then those 3 children would split 25% of your brother's estate.  But, there are some jurisdictions that have modified intestate succession in some ways and its best to consult a local lawyer.  For example another form of per stirpial distribution would take the 50% that would go to the predeceased siblings and divide that amount among all the children of those two siblings.  Therefore if one predeceased sibling only had one cild then under the previous example, that child would receive the full 25% that would've went to his/her parent.  UNder this modified per stirpial distribution, that child would instead split 50% of your brother's estate with the children of the other deceased sibling.  So if that sibling had 4 children, then the 5 of them would split 50% or receive 10% apiece.  So it could make a big difference.  I can't say for sure what the current state of the law is in the UK, but the two scenarios I've described are the standard standard per stirpial distribution that has evolved from the Enlgish Common Law and is the practice in the majority of jurisdictions in the United States.  The only other possbility is whgat's called a per capita distribution which simply means only the surviving siblings get anything.  They would split the estate and the children of deceased siblings get nothing. This is disfavored in the UNited STates and only occures when specifically stated in a will.  Again, I don't believe this is the state of the law in the UK, but you should seek local legal advise to make sure.
15765
Your father didn't inherit the house from probate  --  someone left it to him in a will, and it has come out of probate, he now has title, and wants to convert it to cash.  The house would probably be worth more to a prospective buyer, so they wouldn't have to go through the trouble of evicting you should you decide not to move.  Given your father's  inheritence windfall, he might be willing to pay your moving expenses (and more) to get you to mpve.  Laws vary by City and State.  Contact a local or nearby renters rights organization.  Sorry I can't help you more.  Good Luck.
200714
The court's have contingencies for most problems....but it would be worth your time to talk to an attorney.  You may be able to petition the family law judge for a specific order authorizing you to transfer title to the home and sell the property without her signature.  Do it right the first time....it could be a legal nightmare if you sell the property without proper legal authority.
984150
Your father has the right -- if you are in England (the rule may be somewhat different in Scotland where forced heirship exists) -- to give or sell his house to anyone to the detriment of one or more of his legal heirs.\n\nBut if he is mentally disabled in any way, for example from incipient Alzheimers, then he may not be competent to transfer title.\n\nYou may want to contact solicitors, or a Citizens Advice Bureau. It will be much easier to restrain your sister from making the transfer in advance than undoing a completed transfer later.\n\nOf course you should also be asking your father what he is doing. Videotape the conversation.\n\nIf, by chance, title to the property is in trust in any way the trust agreement may control what can be done. Consent of the mortgagee bank may be necessary if the mortgage is to be transferred. If you are living in the property, a release would need to be sought from you. There are other factors too -- a solicitor can walk you through them.
999059
Legally she can, unless the will specifies that the house is to remain in her possession until she dies and then passes on to you.  From just that one sentance it is clear that your grandmother desired to look out for your welfare also, however if she willed everything to her daughter with an "express desire" and your mother wants to sell the house you would have to fight it in probate court.  With just the information you've given it's hard to say, but it sounds like you are concerned that your mother is going to sell a house and you don't want her too.  If that's the case you need to get a consultation with an attorney familiar with Probate and he can let you know where you stand on the issue of the house.  A lot depends on what the entire will specifies.  Good Luck!!
801146
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.
128809
Sorry about your dad.\n\nIf a person dies without a will (intestate) the distribution of the estate is overseen by the probate court.\n\nBy intestate succession, the remaining estate is distributed to the closest surviving relatives. In most states, that would be the surviving spouse, children, parents, and other siblings, in that order.\n\nIf your mom is still alive, she should get the estate. If she is not, then it should be split between children.\n\nYou probably should consult with a lawyer familiar with estate laws.  You can also get a lot of information on the web, search for "intestate" and "probate" specific to the states involved.
708951
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
132889
Usually "heir property." The person has relatives. It could be the great-aunts grand-daughter... They could be 10th cousin, but it would be "heir property." Which means before anything could be sold it would have to be signed by any heirs. Usually the only time it goes to the government is for expenses. For instance if the person was in a state home or something. It's an odd situation. However, most likely you're looking at heir property, which will sit there.
218688
If there are children then yes, each parent should have a seperate will. Everyone has assets, and what to do with them needs to be specifically documented to avoid probate.
65707
Probably not.  Get your brother to give it back to you.  Has it been filed with the County Recorder?  See an attorney.
810842
To see that ALL of the will's directions are followed. You will also have to dispose(sell)  or distribute any worldy goods of the departed one. Also, you will need to see that all the bills of the departed one are paid. The money comes from liquidating assets of the departed one.  You need to take the will to probate and they will direct you in the legal matters.  In our state you can claim 2.5% of all assets for the duties you have performed. This is optional.  I was executrix of my fathers will and did not take the 2.5%. I just divided everything equally amongst me and my siblings after paying dad's bills (including the funeral). Your state might have slightly different laws so check with probate.  I am in Georgia.     m
94167
It is not entirely clear what you are asking.  You seem to be under the impression that your little brother would have inherited all of your step father's property if his wife (your mother?) had finalized the divorce.  This is unlike to be the case, particularly if your step father had a will and/or a living trust in place at the time of his death.\n\nI can't answer your question without further speculation.  Therefore, I suggest contacting a probate/estate planning attorney in Colorado that listen to the facts and give you better advice.
485701
No..the wife isn't..In fact some states will not even entertain the thought of splitting the property between the spouses when the other has inherited in a will...Let's ask you the question..If you were left a will prior to you marrying your husband, should your husband be entitle to it? Even if you inherited the property while married, it's still yours..It was willed to you.\n\nThe answer is simply no...\n\nAnything outside that..I suggest you consult with an attorney.
170947
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.
944655
they are taken out of your estate if you have one