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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My mother in law passed a few yrs back and estate wasn't settled the house and all

Customer Question

my mother in law passed a few yrs back and estate wasn't settled the house and all her things were sold or given away not one of my husbands sisters is wanting him to sign papers so she can get a clear deed what should he do help what kind of info do u need
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
My condolences to you on your loss. If I may ask, what specifically are you seeking to accomplish? I ask so that I can best understand what I can help answer on your behalf, thank you!
Customer: replied 1 year ago.
one of the sisters bought the house from there dad and his name wasn't on the deed, Billy understood that the house was to go to the children..i need to know if what they did was legal.. there was a will but it got lost or something.. did the estate need to be settled.. thank you
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
If there was no will, the property has to be settled and transferred based on your state's 'intestacy' laws and specific shares as listed under statute. And yes, before anything is transferred or anything is actually purchased it has to be done via probate--it would require opening the estate, settling debts, paying and filing taxes, and winding down affairs. Then any property is transferred, and then only based on law if no will is available. If that was not filed it is likely not wise to sign the documentation and you may instead consider challenging their actions at this time.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
so is what they did legal or not and how does he go about dealing with this. His dad has past also this year.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
As far as this being 'legal' or not, that is ultimately the question for the courts. If they can find language, even informal notes, that point to this being the intention, the courts may uphold it. But if nothing exists it does appear as if it may be a potential breach of fiduciary duty and outright theft. To pursue, anyone who can challenge the probate process (such as a daughter or son) can obtain a probate attorney and file a challenge via the county probate office. They can request that the process be stopped or a new person is listed as the administrator of the estate. If the other parties are found to be at fault they can be financially punished via fines or even pursued criminally also.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
as far as Billy knows there was no Administrator of the estate..
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, Then there should be, as that is the lawful way to transfer real property such as a home. Sincerely, ***** *****

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