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My deceased spouse left a half interest in our home to his parents. They do not want the interest in the property. Can they ask me for money instead of a share in the real estate?
Wiki User
∙ 14y ago
Your spouse's estate must be probated in order for title to the real estate to pass legally to the heirs. You should seek the advice of an attorney in your area who specializes in probate law who can review the situation, review the the will and determine what your options are. There may be some aspect of law in your state that prevents a spouse from devising marital property to anyone other than the surviving spouse. If not then you would need to purchase the interest of the parents or they could sell their half interest to someone else.
You need legal advice from a professional.
Wiki User
∙ 14y ago
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Are children responsible for maintaining deceased parents property?
If they inherited the property then they have a stack in the property and responsibility to uphold the standards of the community;Howerver, if they are not the property owners and have no interest in the property then, I would say they should not be held responsible.
If you claim insolvent on property of your deceased parents who is responsible for paying the lawyer the deceased parent had for their last will and testimont and probate?
Apparently your parents had a will. They wanted a particular lawyer to probate the will. When they died, they had nothing. In that case, there is no point in probating the will and no one needs to pay to probate the will. If there was property, then the property can be sold. The estate pays the lawyer.
What can the executor do when a heir that lives in the deceased parents home starts selling the deceased's property?
Report the theft to the police. It is a crime to take and sell things that do not belong to you.
What is the legal precedence between an earlier Partnership of children documenting equal interest in family property and the parents later Will directing interest in that same property elsewhere?
I have never heard of a partnership of children creating an interest in their parents' property. You need to provide more details. However, if the parents were the joint owners of the real estate by deed when the first one died, and had not transferred their interest by deed during life, then the property passes according to the provisions in the will of the surviving parent.
Can a daughter claim an interest in her parents' property when her mother dies and her father is getting a reverse morage?
That all depends on how the property was titled. If your parents owned the property by a survivorship deed your father is now the sole owner of the property and he can grant a reverse mortgage if he so desires. You would have a claim to some proportionate interest only if they owned the property as tenants in common and your mother didn't leave her share to your father in her will. You would have no interest if the property was marital property and your parents live in a community property state.If you have questions you should consult an attorney in your jurisdiction who can review the situation and explain your rights.That all depends on how the property was titled. If your parents owned the property by a survivorship deed your father is now the sole owner of the property and he can grant a reverse mortgage if he so desires. You would have a claim to some proportionate interest only if they owned the property as tenants in common and your mother didn't leave her share to your father in her will. You would have no interest if the property was marital property and your parents live in a community property state.If you have questions you should consult an attorney in your jurisdiction who can review the situation and explain your rights.That all depends on how the property was titled. If your parents owned the property by a survivorship deed your father is now the sole owner of the property and he can grant a reverse mortgage if he so desires. You would have a claim to some proportionate interest only if they owned the property as tenants in common and your mother didn't leave her share to your father in her will. You would have no interest if the property was marital property and your parents live in a community property state.If you have questions you should consult an attorney in your jurisdiction who can review the situation and explain your rights.That all depends on how the property was titled. If your parents owned the property by a survivorship deed your father is now the sole owner of the property and he can grant a reverse mortgage if he so desires. You would have a claim to some proportionate interest only if they owned the property as tenants in common and your mother didn't leave her share to your father in her will. You would have no interest if the property was marital property and your parents live in a community property state.If you have questions you should consult an attorney in your jurisdiction who can review the situation and explain your rights.
If parents sold an undivided interest in property to a son for a fair market value and the parents decide to sell can the son be forced to sell?
If you have an undivided interest in property you cannot be forced to sell by the co-owners. Only a court can force a sale. Your parents would need to petition the court to partition the property. The court would divide the property if possible. If not possible then the property would be sold and the proceeds, after legal costs, would be divided amongst the co-tenants. A partition proceeding can be costly. However, your parents could sell their interest in the property to a third party who would then become your co-tenant in common.
Is deceased brothers wife entitled to any his parents estate she was never really close to the parents throughout the marriage if the other brother is alive and she is not mentioned in will?
No, the parents can give their property to who ever they want to.
Can children of a deceased parent be allowed access to parents property after probate but before selling?
Of course. Arrangements should be made for any of the heirs to visit the property before it is sold.
Is it illegal to keep utility service on in a deceased parents name?
Yes, the account must bear the name of the current owner of the property.
Can a child keep cash found in the deceased parents estate?
By law, it is supposed to be included in the estate and disbursed along with funds from the sale of property.
If both parents die and a child is on the deed to their property does the child have to pay inheritance tax on this property?
No. If you owned the property in a joint tenancy with the right of survivorship their interest in the property "disappeared" at death and the property belongs to you alone.
When a grandparent is applying for legal guardianship of children because parents are deceased can the children decide who they want to live with?
If a grandparent has applied for guardianship of minor grandchildren because parents are deceased, can the children state that they don't want to live with the grandparent even though that would be in the childrens best interest
