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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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This one is rather complex. Two siblings want to sell the

Customer Question

This one is rather complex. Two siblings want to sell the house of their deceased mother. He husband passed 4 years ago and had a trust with the house mentioned that some of the proceeds would go to a charity . Since his 2 nd wife lived for 3 more years and then passed , her wishes were that all her property's would go to her 2 surviving children, the 2 that want to sell the house. The mother did not rewrite her will after her husband died....so the 2 siblings are confused at how to sell the house so the purchaser can get clear title and title insurance.
JA: Have the trust documents been finalized? What are the basic terms?
Customer: i don't know
JA: Anything else you want the lawyer to know before I connect you?
Customer: Perhaps I should get all the docs so we can look at this accurately ? Is their a process or filing they can follow with the court so they can sell the house a put the proceeds in escrow...then settle the estate money?
Submitted: 2 months ago.
Category: Estate Law
Expert:  Infolawyer replied 2 months ago.
Greetings! I am a legal expert on the site and am working on your question.Before they can sell need to confirm who owns the house. It sounds like a trust is on the deed so the trustee needs to do so with whatever items designated for charity designated.Barring any objection should not be an issue especially if money escrowed pending resolution.Title insurance company and local real estate counsel can help clear title as well.
Expert:  Infolawyer replied 2 months ago.
Please let me know if that is acceptable and feel free to reply back and follow up
Customer: replied 2 months ago.
One of the siblings is going to bring me all the docs she has so I can verify who's name the house is actually in.
She is then going to consult with a recommended Real Estate Attn. To determine who can actually sell the house so I can get Title Insurance .
Expert:  Infolawyer replied 2 months ago.

Exactly, perfect plan.

Kindly let me know if my answer is acceptable.

Expert:  Infolawyer replied 2 months ago.
Thanks in advance. Please let me know.