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2006-10-31 03:54:49 · 6 answers · asked by annie d 1 in Business & Finance Renting & Real Estate

there is no will, and there are 4 children

2006-10-31 04:02:44 · update #1

6 answers

That depends on whether when the person died the property was left to you through a will or trust, otherwise you will have to go through probate court to obtain the rights to it. A property can not be transfered except for by the person whose name appears on the the title to that property. Once your name is on the title commitment you can do with it as you choose.

2006-10-31 03:59:29 · answer #1 · answered by loansbytheresa 1 · 2 0

The estate still goes through Probate, even without a Will.

The court will make a determination what to do with the house. They will either issue a Certificate of Devise (names may vary by state) transferring the property from the Decedent to the new owners, which will probably be the four kids equally, unless they declare that the property is to be sold in some specified manner and they will issue the deed to the purchaser.

The specified manner may be at auction, or the Administrator might find a buyer and get the sale approved by the court.

The four kids are entitled to inform the court of their desires, but like any judge, no one tells a judge what they MUST do.

2006-10-31 12:22:36 · answer #2 · answered by open4one 7 · 0 0

If there was no will the property belongs to the four kids, they have to agree on selling (depending on their ages) once that has been established the money is then divided between all four.If they are grown ups and don't agree on the selling then they get an appraisal on the property and buy out each others share.

2006-10-31 14:33:00 · answer #3 · answered by wenenpooh 1 · 0 0

if there is no will or trust then probate court will take care of that and let you know how to proceed. be sure to let probate court know that this property is in "intestate"

Probate will collect their fees unless there is a trust.

2006-11-01 04:07:46 · answer #4 · answered by MIABELLA_C 2 · 0 0

You need to hire an estate lawyer to help you.

2006-10-31 12:06:13 · answer #5 · answered by freddie1157 3 · 1 0

were you put in charge of the estate? If nobody was put in charge of the estate, you will have to contact an attorney.

2006-10-31 11:57:43 · answer #6 · answered by wish I were 6 · 0 0

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