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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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Can a sibling of the decendet that died interstate and estate

Customer Question

can a sibling of the decendet that died interstate and estate insolvent assume the mortage on real property without the other siblings signing off if real property is in foreclosure or can the sibling buy thru short sale
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
All siblings have an equal interest in the estate, and in all of the properties or assets that the estate has left behind. Therefore, any transfer of assets, such as a signing off on the real property has to be done by ALL of the siblings and anyone who may have an interest in the estate. Assuming the mortgage won't create a larger or sole interest in the property. A sibling can, however, purchase via foreclosure and short sale from the estate.
Sincerely,
Dimitry, Esq.