My siblings and I have been left my mothers house in her will. We have just received grant of probate and would like to sell asap. My brother and sister and executors. Do we need to change deesd/land registry or can we just sell using the grant?
2007-03-26 06:41:06 · 7 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I think you can just sell - all the money will go into the estate to be divided as per the will. The difficulty would be if the house wasn't left equally - so if only 2 of you were left it, and other siblings money or whatever.
Whatever you do, get tax advice - you might be able to reduce the tax bill
2007-03-26 06:47:54 · answer #1 · answered by Smiler 5 · 0⤊ 0⤋
Technically, the deed should be transferred as provided for in the will, and then sold. However, if the will provides for the sale with proceeds to go to all, the Executors could sell it. Most likely, if the executors sell it, each sibling will have to sign a quit-claim deed as well to provide evidence that they agreed to the sale. All of this being said, each state law is different, so consult a probate attorney in your state. Or wait to get to the closing and the title company or attorney will tell you what they want you to do.
2007-03-26 06:48:12 · answer #2 · answered by lawmom 5 · 0⤊ 0⤋
No providing you have got the probate of the will all settled the house can be sold and the proceeds distributed according to the terms of the will. At least when me and my wife sold her fathers house after he died that's all we did. We did use a local company to arrange the sale and another to do the conveyancing.They had all the relevant papers from us at the start and dealt with everything for us.
2007-03-26 06:53:34 · answer #3 · answered by Anonymous · 1⤊ 0⤋
MLaw is correct. You can have the estate do the sale as opposed to you as the benefociaries....there may also be some tax and cost advantages to doing it thru the estate.......the estate executor should be able to handle everything for you...
2007-03-26 06:49:23 · answer #4 · answered by boston857 5 · 0⤊ 0⤋
Either way. Probably faster to sell it out of the estate. Check with your solicitor.
2007-03-26 06:45:59 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Would be more than surprised if you could just sell.
Deeds would have to change hands.
2007-03-26 06:48:25 · answer #6 · answered by emeraldisle2222 5 · 0⤊ 0⤋
You can just sell.
2007-03-26 06:44:55 · answer #7 · answered by yahoobloo 6 · 0⤊ 0⤋