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My sister & I bequeath our fathers home in his passing. Does…

Customer Question
My sister & I...

My sister & I bequeath our fathers home in his passing. Does the land title have to be transferred to our names before we can sell it? The is currently conditionally sold.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

It is in the province of Newfoundland (Canada).

Lawyer's Assistant: Have you talked to a lawyer yet?

The Executor has... he is married to my sister and things are not going well shall we say.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The Executor & my sister keep selling items for a price I don’t agree with. There has been many arguments.

Submitted: 7 months ago.Category: Canada Law
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Customer reply replied 7 months ago
He is having an affidavit drawn up. He is saying that I have to sign it for the sale go through. He is saying it is standard procedure. Can the land title just transfer from the deceased to the potential buyer?
Customer reply replied 7 months ago
I did not agree with his counter offer price but he followed through with it anyway. Pls see hand written condition on his counter offer
Customer reply replied 7 months ago
As per the Executor:I’m paraphrasing, but the will essentially says to title the trailer to Siobhan and Vanessa to co-own. Considering that you both wanted to sell it, to save the legal fees of titling it to both of you and drafting a co-ownership agreement, only to sell it and pay another titling fee, we are selling it from the estate.I am having this affidavit created to document this decision. It’s not wasteful, it’s thorough and appropriate and ultimately will be significantly cheaper that if it was titled twice. The buyers lawyer will also likely want this approval, so this document covers that as well.The way I understand it Siobhan, your signature on the bill of sale doesn’t mean anything because it’s not legally yours and Vanessa’s house right now, it’s still your fathers because it wasn’t titled over. Therefore as his executor, it’s my signature on the bill of sale that matters, along with your and Vanessa’s approval to sell via the affidavit.”
Customer reply replied 7 months ago
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Customer reply replied 7 months ago
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11/27/2017
Lawyer: Debra, Lawyer replied 7 months ago
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Lawyer: Debra, Lawyer replied 7 months ago

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Lawyer: Debra, Lawyer replied 7 months ago

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