My grandfather died 15 years ago. He did not leave a will. Can we sell his house?

Question

One of his daughters has filed bankruptcy and did not list the property because she did not think she had to. Her sister wants to sell the house. Realestate agency says she cannot sell. What can we do.

Answer 1

Secure the deed to the property. Go to the county courthouse - is your grandmother living?

It's time to do the paperwork that should have been done 15 years ago. They will tell you what you need at the courthouse.

You cannot sell a property that is not in your name - the agent is correct.

Answer 2

First Step: use the property assessor's office and registrar of deeds office (or local equivalents) to determine what the actual recorded ownership of the house is -- it is possible that the Probate work was done correctly 15 years ago and you simply were never told.

If what you relate is what the legal ownership records say, then --

When your grandfather died, someone was (I hope) appointed executor of his estate by the Probate Court in the state where he lived. It was that person's responsibility to determine what the state law [you are in America, right?] was about who should have inherited the house and then handled the transaction.

Usually, the someone would have been his then closest relative living in the state, or an attorney chosen by the court if he had no spouse or relative living in the state who was willing and able to serve.

I admit that I do not know what happens if no Probate case was ever opened [the Probate Court was never notified that he had died] and thus no Executor was ever appointed.

As the real estate person said, that the proper paperwork wasn't done 15 years ago has to be cleared up now or the property can not be sold.

Someone needs to discover if a Probate case was ever opened for your grandfather and, if so, who the Executor was. If there was an Executor who did not fulfill his/her duty, then you'll need to petition the Probate Court to appoint someone to replace her/him. If there never was an Executor, you'll need to petition to have one appointed.

State law will control who that person can be. [Many states require that the executor reside in the state. If there are no relatives willing, able, and residing in the state, the court appoints a local attorney who serves for the fee stipulated by state law -- usually a percentage of the assets.]


I suspect that either you or the daughter who wishs to sell the house will have to be the one to discover what did or did not happen at Probate Court. [Btw, some states call it something different -- you want the one that deals with estates whatever it is called.]


Odd fly in the ointment -- the daughter who filed for bankruptcy after grandfather died may be one of the beneficiaries to his estate under the law in his state [this is very likely if his wife was then deceased]. This may mean that the daughter's bankruptcy case will have to be re-opened so that her creditors can be paid from any share of the house proceeds she is to receive. [Of course, that is for her bankruptcy attorney to determine and handle -- for a fee, naturally.]


GL ... it is likely to be quite a slog to get everything done in less than a year.

Answer 3

You need to start by finding out who is named on the deed. If it is only your grandfather, then without a will, in most states, the survivng relatives inherit property and bills. Techincally his daughter who filed bankruptcy owns a portion of the property but I'm not sure how that would impact her filing.

FInd out the name on the deed and then talk to the real estate agent and ask her why she won't list it.

If she doesn't give you a clear or satisfactory reason, contact another one or find a legal clinic in your area to ask.

Good luck

Answer 4

They are correct. Your aunt deliberately withheld assets from the bankruptcy court, because she owns 50% of that home and did not tell them.

Her sister cannot sell without the signature of the other sister, and the proceeds would be split.

If it is in probate, then it must finish that process before anyone can sell.

Answer 5

properly, It relies upon on you what you want to do. and no person's suggestion on right here can enable you. You mom has needless to say ignored her delivers. i do no longer understand why. Has she long surpassed by some trauma? I see... properly if so, I doubt you're able to do plenty approximately this. If 25 years of mendacity dormant would desire to no longer exchange her then i do no longer think of you may. in spite of everything she's your mom, and My faith teaches me to understand my mom, inspite of the area. So, needless to say, you won't be able to bypass away her on my own. besides the undeniable fact that it incredibly is little need attempting to push her to do the the terrific option stuff, the two. I actually do no longer understand what to assert, different than for the certainty that the extra you warfare with persistence via on your mom neglecting her responsibilities, the better stands out as the reward from God. Ignoring the shortcomings out of your mom at this age and residing with it and nonetheless being dutiful to them is somewhat good deed certainly. all human beings is examined consistently in existence and has to bypass by trials and sufferings. with a bit of luck God will stumble on a fashion for you out of this. stay satisfied!. would God Bless you and handbook you!

Answer 6

In the event that someone dies without a will, the deed goes to the closest living relative. Your grandmother, then living children....etc. Whoever owns it can sell it.

Answer 7

a long legal process is needed. u must become the beneficiary of the property, if hes dead his belongings should go to his closest relative, talk to an attorney

Answer 8

Definitely you need to contact an attorney.

Answer 9

if you own the house, yes.