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Father die without a will,the siblings wants to sell without goinging into probate.

2007-05-31 10:03:25 · 3 answers · asked by victoria j 1 in Business & Finance Renting & Real Estate

3 answers

Depends on many factors, starting with clarity of your question. Are these "siblings" his children? ALL of his children? Did he own the home himself? Did it have a mortgage? Did he leave a widow? Does his state have a simplified probate procedure for his residence? Did he have any creditors? Were his funeral bills paid? Take this to a local lawyer to whom you can give answers to these questions & maybe you'll get an answer.

2007-05-31 10:46:13 · answer #1 · answered by Anonymous · 0 0

If there was no will or if there was a will it has to be probated through probate court so you can legally get your father's name off the deed and the rightful owners on the deed since your father can no longer represent or sign for himself.

You must contact a probate attorney in your state, so the first thing you should do is get your trusty telephone book out and find one.

You may tell him/her that the family want to sell the property. He will advice you as to the proper way to do so.

In most states a probate attorney is paid once the probate is complete and out of the proceeds of the estate. In California the probate attorney is paid 6% of the value of the estate.

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

"FIGHT ON"

2007-05-31 13:33:08 · answer #2 · answered by loanmasterone 7 · 0 0

Unfortunately he didn't have a will which makes it probate by default depending on where you're from. You must find out from the county who can get ownership of the estate and then try to sell as quickly as possible before people start crawling out of the woodwork.

2007-05-31 10:13:02 · answer #3 · answered by Rothwyn 4 · 0 0

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