Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I am the oldest of 4 daughters of **** and Vivian ****. My

Customer Question
Hello, my name is Janet...
Hello, my name is Janet ****. I am the oldest of 4 daughters of Edward **** and Vivian ****. My parents have a house (**** Ave, 46208) They are both deceased, mother 2000, father 2009. The deed on the house is in both of their names. My father remarried in 2001, he did not put his new wife on the deed. He did not leave a legal Will, he just wrote down what he wanted done. She is behind on paying the property taxes and we are about to loose the house. I need some help and information on how to handle this. I know the property taxes need to be paid, we will do that, but we want to sale the house. How do we handle this?? Thank You!
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 10 minutes by:
7/13/2016
Real Estate Lawyer: Dwayne B., Attorney replied 1 year ago
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,314
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Unfortunately, you have to file for a probate on both their estates.

When a person dies their property immediately becomes the property of their "estate" and to pass title from the estate to the heirs requires a probate. Unfortunately, you have to do two different probates because each of your parents has an estate that needs to be handled.

You will want to find a lawyer to help you with this and you can do that by going to www.lawyers.com and in the section for Area of Practice enter "Probate".

The lawyer will also want to take a look at the paper your dad left to see if it meets the requirements to be a handwritten will. There are very specific requirements.

There are also a variety of types of probate that can be done, some less complicated than others. The lawyer will explain those to you and then go over the details of each of your parent's property that was owned at the time of death and then the debts that were owed. That determines what type of probate is required.

If there is no will then the property passes by a specific set of rules known as "intestate succession" and it states who gets what.

Once the probates are filed then you can likely put the house on the market although the "new wife" may have the right to live there. That also depends on a variety of factors.

Likely when your mother died then your father inherited 1/2 of the house and you, the children, inherited the other 1/2.

Then, when your father died, what happens to his half varies based on different factors but you children would have inherited most, if not all, of it.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Ask Your Own Real Estate Law Question
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,314
34,314 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
If an HOA over budgets what can the directors do with the
if an HOA over budgets what can the directors do with the excess funds at the end of the year … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have a foreclosure against me. How can I put it on pause?
I have a foreclosure against me. How can I put it on pause? It will go to auction if I do not have the cash. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
How much does it cost if I wanted to do a background search
hi, how much does it cost if I wanted to do a background search to find out what liens are on me that would have to be paid before I can close on a real estate transaction? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My brother has a house He is going to lose because he can't
My brother has a house He is going to lose because he can't pay the taxes. He wants to sign it over to one of his siblings (6 of us) if we pay the taxes. All 6 of us are willing to go in and split tax… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Real estate agent UNDERSOLD my house by maybe 60k. Marylamd.
real estate agent UNDERSOLD my house by maybe 60k. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
In county Illinois, how do you have to vacate once a home is
Hello, In cook county Illinois, how long do you have to vacate once a home is sold from an auction? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,318 satisfied customers
My husband has a house in Oklahoma City that he moved out of
My husband has a house in Oklahoma City that he moved out of when we got married in 2014 and moved in my home. The house stayed empty until march 2017 when he let his daughter move in and she stayed u… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Barrister, Just figured out one thing. The 2st federal tax
Hi Barrister, Just figured out one thing. The 2st federal tax lien is for unpaid 2008-2012 unpaid 1040 tax and the 2nd is for unpaid 2013-2014 unpaid 1040 tax. I believe there will be another lien com… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Need a new expert. All the ones you selected were no good.
Need a new expert JA: What state are you in? It matters because laws vary by location. Customer: All the ones you selected were no good JA: Has anything been filed or reported? Customer: cT JA: Anythi… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
Well i trying to move out of my place and the manager from
well i trying to move out of my place and the manager from where i live is making it impossible … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers
If my home has been sold at a foreclosure sale can I still
If my home has been sold at a foreclosure sale can I still catch up back payments in Arkansas and keep my home… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
Lori, The husband give up his name on this property in 2012.
Hi Lori, The husband give up his name on this property in 2012. Now the wife is the only person on the title. However, in 2014 & 2016 there are 2 tax lien for the husband. In the Notice of Federal Tax… read more
Lori
Lori
Juris Doctor
298 satisfied customers
Barrister, It looks like I have to walk away on Tuesday. But
Barrister, It looks like I have to walk away on Tuesday. But just now when I went through my purchase agreement, I noticed that there is a sentence stating that I have to object the tile within 5 days… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am in commercial property lease now, but i can not pay
i am in commercial property lease now, but i can not pay rent there . … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I agreed to rent an apartment in the state of NC for on
I agreed to rent an apartment in the state of NC for on year. Once year lease expired, signed an additional 3 month lease which ended on October 22, 2017. There after we went to a month to month lease… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
I am a homeowner who is having problems with my HOA failing
I am a homeowner who is having problems with my HOA failing to act. Do I have legal recourse? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I recently refinance my home with the Federal Loan Bank to
I recently refinance my home with the Federal Loan Bank to achieve a lower finance rate. They contacted us and offered a better rate We paid for an appraisal on the house which came in at 233K, we owe… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
My neighbor and I share only 6' between our properties. They
My neighbor and I share only 6' between our properties. They put up 2 wind chimes to annoy us. We asked them to take them down when they are not home and at night so we can sleep. No chance. They've l… read more
Lori
Lori
Juris Doctor
298 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x