Selling a house with one of the owners deceased?

Question

I have a friend that owns a house that has her name, her brothers name and her deceased mother's name on the deed. The house is paid for and my friend has been paying the taxes on the house for the past 2 years since the mother's death. She and her brother tried to sell the house recently and after a title check was run, found out that the mother had a will leaving her 3rd to 2 of her sons. She was not aware that this will existed and after reviewing the will, she says that the signature is not her mother's and it was handwritten and notarized in the state where the 2 sons live, not where she lived. She wants to know what to do next. All responses will be appreciated.

I dont know how the deed is worded. The reason why the house didnt go into probate after the mom's death was because they didnt think there would be an issue with selling. She wanted the house to be available for any family member who might need a place to stay....the house is worth less than 20k. Also, the aunt was named the executor of the estate. She doesnt have a problem with splitting the proceeds with the other siblings as long as they reimburse her for the taxes she has paid. She cant afford an attorney, she doesnt want to spend what little money she may profit from the sale on an attorney.

Answer 1

First, what type of ownership was on your friend's deed? If it was a joint tenancy then it doesn't matter who the mother's heirs are, because the 2 remaining owners have a right of survivorship.

If it's tenants in common, was there ever a probate case on her estate? If not, get a real estate attorney to bring an action to quiet title (no heirs from her estate came forward, her estate has not been paying the property taxes, etc). During that process the will will come out and its validity can be challenged.

Answer 2

I would like to know several things about this

#1 Since when did title companies start keeping wills? (Perhaps you are speaking of a trust?)

#2 Why was the property not probated immediately after the death of her mother?

The first thing is to get a probate going immediately. Find and hire a probate attorney for this chore. That is the only way that you can get your mother's name off the deed.

This will take in consideration the will that was found with a title company. A judge will have to determine if this is a good will or not.

You might have to prove the will is a fraud. When the deed was signed and notarized do you know if your mother was in the state the will was made and signed in at the time or can you prove she was some place else?

Do you still have an official copy of something with your mother's signature, something like a driver's license, state ID card, social Security card, a good or expired passport?

I hope this has been of some use to you, good luck.

"FIGHT ON"

Answer 3

Looks like the two sons made a fraudulent will. The notary could end up in jail. Get a lawyer.

Answer 4

you have 3 opportunities a million) Is it a recorded lien. (is it shown on public checklist) and on checklist on the time of your purchase. if so, you will desire to make a declare consisting of your identify coverage corporation. in the event that they did not p.c.. it up on the exceptions website then, together as the lien is probable valid, it is going to lkely be their accountability to coverer it. 2) Did the previous proprietor characterize that the valuables became into clean and freed from liens on the tip of your purchase (all techniques-blowing duties would be happy via escrow or his direct value.). touch the broking and the escrow corporation (if diverse from the the identify coverage), and ask them to clean it up. 3) The liens, if remarkable filed until now the loss of life of the father are valid. If filed after his loss of life yet with out observe to the valuables, they'd not be valid, and if filed after the flow of property they are not valid in any respect. So your first job is to request a replica of the recorded deed via the present identify corporation. 4) the astounding answer, if all else falls via is that, if the liens are valid, and you acquire the propery in a 'as is' form of property sale, then you now are the proud possessor of a pair of tax liens via the valuables. you will would desire to fulfill them until you are able to now sell the valuables or set up for them to be paid from escrow. Given any of those strategies you will desire to nevertheless have an uncomplicated seek for advice from with a criminal expert to be clean on your strategies and means criminal accountability. .

Answer 5

See an atty. Ask the realtor what to do. This may take more time than simply splitting it 4 ways minus all your expenses.

Answer 6

THE WILL WAS PROBATED IN THE STATE THE PROPERTY WAS LOCATED? WHO WAS THE EXECUTOR OF THE WILL? WERE YOUR FRIEND AND HER BROTHER NAMED IN THE WILL? CAN'T SEE PROBATING A WILL IN ANOTHER STATE. HIRE A LAWYER THAT WORKS IN THE COUNTY THE PROPERTY IS LOCATED GET HIM TO GET A COPY OF THE INVENTORY OF HER ESTATE FOR THE APPRAISED VALUE OF THE PROPERTY FOR THEIR BASE VALUE FOR TAX PURPOSES.