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Can a house be sold while a will is in probate!

Can a house be sold while a will is in probate!
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Answered in 4 minutes by:
4/13/2012
David L
David L, Attorney
Category: Estate Law
Satisfied Customers: 3,255
Experience: Estate planning and probate attorney since 1997
Verified

David L :

Hello.

Customer:

Hello

Customer:

Hello David

David L :

Hi.

David L :

If the house was owned by the deceased, it is not at all unusual that it would be sold as part of the probate process.

David L :

Was that what you were asking about?

Customer:

I will begin with the simple details of my situation. Not so simple...My mother died in Jan. my brother died in March. I'm the only sibling left to inherit the house. My sister in-law wants her share that was deeded to her by my brother before he died, I think. Our lawyer told me that I have to sell the house and give her her share. I agreed that I could not afford to buy her out. I would have like to have gone through my moms things myself but my sister in-law went ahead of me and took everything from her bedroom and disposed of it..not your problem. You see, I live in California and came back to MA. twice to be with my family during these times and was not able to grieve properley, since she would not allow me to return to my mothers house, oh and her and my brother lived with my mom. The has not been probated because my brother was suppose to be appointed but he died shortly after my moms will was executed. Doesen

Customer:

Sorry, doesn

Customer:

I'm typing to fast. I just would like to know if they can put this house on the market without my signiture or permission and without me being appointed the executrix, if that's the correct term? BEFORE IT IS PROBATED!

Customer:

There are no outstanding debts on this property. The house has been listed with a broker and MLS, I have not signed anything and was not asked to. I just want to go back to my mothers house, which I assumed was mine after her death and simply grieve...my dad died 5yrs. ago. I will eventually put this house on the market when I am ready, shouldn't I have that privlage?

Customer:

I hope you can give me some answers to these questions. I asked the realestate broker to take down the web. listing 2 days ago, she has not done that yet. I did not sign an agreement that would have authorized this. My mothers house is being sold without my permission, is this legal? My lawyer told me that if a offer was made today, it could be accepted eventhough the house has not gone through the probate process. The lawyer has sent me paperwork to sign so the will can be petitioned for an informal probate. I have not signed or sent them back. Do I legally own this home if my brother was the only other heir? He died before he was appointed the executor to my moms will. Does all this make sense? My sister in-law moved out of the house after my brother passed. We agreed to pay our share of the mortgage until things are final but she wishes to push this forward and so that is why I believe I am being forced to sell this property ASAP.

David L :

Hello.

David L :

Thanks for the additional details. I don't see how anyone can sell the house without you. They would have no legal authority to do so.

Customer:

That

Customer:

What do you suggest hypathetically, I do to avoid this until I am ready?

Customer:

Do you believe with these details, that I have a right to withdraw from these proceedings until I am appointed by the court as executor of my mothers will? Please advise with more details, I am desperate, and very frustrated at this point!

David L :

Is a probate estate open?

Customer:

Hello David,

David L :

Hi.

Customer:

Yes, I just recieved the paperwork from the lawyer to sign. These are the new ones that have to be filed because my brother died before he could be appointed. Nothing is settled yet.

David L :

Ok. Great. Are they appointing you?

Customer:

I hope so, who else would they?

David L :

I don't know. You have the paperwork. I'm asking you if that is what it does?

David L :

If you are being appointed, then the house definitely can't be sold without you.

David L :

You would have to sign the paperwork and the deed to the buyer.

Customer:

They don't even have these papers yet and my brother died March 7th. I talked to the lawyer before I returned to California on March 13th, he told me then that we had to start this over again because he died before he was appointed.

Customer:

What rights does my brothers wife have in all this until it is legally deeded half to her?

David L :

None, really.

David L :

Although...

David L :

I don't understand the deeding issue about your brother deeding to her before he died.

Customer:

That is great news, why do you think the lawyer is working more on selling this house at her pace than mine? Shouldn't he be working with both our interest

David L :

Ultimately, the estate will need to be settled. If she is entitled to her share, then it will have to be given to her.

David L :

But, they can't do this without you and your cooperation.

Customer:

He wanted his wife to have his half, he was terminally ill and new he would be gone, so he didn't want her to be left out.

David L :

Ok. Understood.

Customer:

I had no intention of selling and not giving her half, accually I wanted to keep the house and come east a couple of times a year, it's sentimental ! My brothers wife wants nothing to do with me my family and treated my mother like hired help. get the picture now!!!

David L :

Yep. The only issue will be that you will need to buy her out or sell the house and divide the proceeds.

Customer:

I understand that completely, I just want to have my time to grieve respectfully, XXXXX XXXXX not had the opportunity to do this, and now this house may be taken from me sooner than I would like.

David L :

You should be fine. Once you are appointed, you can go at your own pace.

Customer:

But the lawyer told me today not to stop the sale or ask the broker to take it off the market, because I am just slowing things down. He said if an offer came in today they could accept it and sell, without the courts final probate.

David L :

You would need to sign the deed. However, if they get a good offer, the court would probably approve the sale, unless you offered up some other solution.

Customer:

Am I the legal owner right now of this house?

David L :

It depends on whatever your brother did.

David L :

Apparently, his wife has equal right

Customer:

He was suppose to deed his part to his wife.

David L :

Ok. I have to run out the door. We can continue tomorrow if you'd like, unless you are all set.

Customer:

I would like to continue this tomorrow, thank you for now.

David L :

Have a good evening.

Customer:

Hello David, I have a few more questions.

Customer:

Was it possible for my brother to have deeded his share to his wife before he died, or would it have to have waited until the deed was probated?

Customer:

What other kind of solution would I offer to the court, if I don't wish to except the offer? This piece confuses me, can this house be sold while still in the probate prosses? Are my rights being taken from me? I did not sign any papers allowing this property to be sold of otherwise?

David L :

Hi again.

David L :

I'm not sure how he good deed the property, but he could have signed something giving his rights to her.

David L :

The house can be sold during probate, as stated earlier..

David L :

If it makes sense to sell in order to divide proceeds, the probate court can order the sale, even if you don't want to sell.

David L :

excuse my typing, I'm on a tablet.

David L :

I suggest you hire an attorney to review the paperwork they want you to sign to make sure everything contemplated is in yiur best interests.

Customer:

I will hire an attorney here in CA. that can help me before I sign. Thanks you for your help in this matter, you have shedd some light for me! I will accept the green button and allow you the credit. I will tell my friends about this service that is availabele.

Customer:

Thanks You, Paula

David L :

Thanks very much. I wish you the best.

David L
David L, Attorney
Category: Estate Law
Satisfied Customers: 3,255
Experience: Estate planning and probate attorney since 1997
Verified
David L and 87 other Estate Law Specialists are ready to help you
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David L
David L
David L, Attorney
Category: Estate Law
Satisfied Customers: 3,255
3,255 Satisfied Customers
Experience: Estate planning and probate attorney since 1997

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