My grandmother left property to the family however we cannot find the paperwork, we have been keeping up the property since her death. What should we do to resolve this issue.
What is your state and what is the nature of the property? Is it real estate? Does she have any living children. I assume you mean you cannot find a will. lwpat41040.7815110301
this is in Louisiana and she does not have any living children
One of the grandchildren will have to go to the local parish court and file to open probate since I assume that this is real estate. The property will be distributed in accordance with the law of intestacy succession. That depends on whether there were any children alive at the time of her death. Assuming that there were not, then all of the grandchildren will be entitled to an equal share. Usually it is best if one will buy the others out or sell the property and split the money. Call the court and make an appointment. You will need the death certificate from the funeral home.
Can this property be sold without going to probate court?
No it cannot. Sorry. To have clear title it has to go through court.
Attorney with experience in wills, estates and trusts
Can you direct me to an inexpemsove way to get more than one sucession done.
You may be able to handle everything yourself except distributing the deed out of the estate. The clerk will give you all the forms that you need and most courts have a full set of instructions.
My sister recently died without a will, she has a home she bought through USDA, she paid out her mortgage, however she was informed that she has a subsidy recapture balance owed. When she received the notice she was informed that she did not have to pay the balance, however whenever the home was sold or transferred the balance would have to be paid. She at that time stated she had one heir who had no intentions on having the home, however she would like for the family to keep the home and whoever paid the balance would have the home. When USDA was contacted the family was informed that once the recapature balance is paid they will clear the title however transfer of deed would have to be done at the courthouse. If the family pays the recapture balance and the title is clear does that mean that the heir would have the title? What steps need to be taken by the family in that the family is maintaing the home and would like to have the title to the home.
I understand but none of that has anything to do with the fact their will have to be a probate action to get clear titled to the heir. There is no way around it.
We do not have a will, and my question is really about the person paying the recapture balance on the home, having the title transferred to their name, and what happens if the recapture is not paid.
The title cannot be transferred to their name without going through probate. The other heirs can disclaim their rights to the estate and then the heir that wants the house can pay the recapture.
Is there a special form to disclaim the rights to the property and does it has to be done in the courts.
You can use a disclaimer form and submit it to the probate court. Here is a samplehttp://www.docstoc.com/docs/91238049/AFFIDAVIT-OF-DISCLAIMER-OF-INTEREST-BY-HEIR?An accept for my time and/or positive feedback is very much appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).