Can property be sold by a sibling when the parents are deceased, but the estate has not been probated?
453867
Not if there are other siblings, and also not if there is a will that states otherwise.
847980
Depending on how large the estate is, there could be estate taxes (but only if it's in the millions for federal) - if there are, those would be paid by the estate, not you.  There might also be state taxes involved, which again would be paid by the estate.\n\nIf you inherit assets, like stock or property, when you sell them you'd owe capital gains taxes on how much they've appreciated since you inherited them.  You should be given some sort of paperwork to show what the assets were valued at, at the time of death.  That becomes your basis.
801146
At the time that the estate of the decesased transfers title to the property to a beneficiary, the estate is deemed to have "sold" that property at its current fair market value. If the property was used as a principal residence by the deceased prior to his/her death, no income tax will be payable by the estate on the increase in value between the deemed selling price at death and the original cost of the property to the deceased. \n\nThe beneficiary of the estate is deemed to have acquired the property at its current fair market value (cost base) on the date that title to the property transferred to that beneficiary. If the beneficiary decides to sell the property immediately, the liklihood is that there will be little or no capital gain since the selling price will be very close to the beneficiary's cost base. To the extent that there is a gain it will be subject to income tax in the hands of the beneficiary. At the present 50% of the gain would be taxable.\n\nIf the beneficiary moved into the property and used it as a principal residence prior to selling it, tax may be avoided entirely on any capital gain realized on a subsequent sale. Care must be taken to ensure that the property is in fact the principal residence of the person making the subsequent sale. Needless to say,  the Canada Revenue Agency is cognisant of the fact that people do try and use the exemtion on sales of a personal residence as a tax doge in some circumstances and look carefully at these transactions which are a matter of public record.
1004903
Yes.  Only being the subject of a guardianship or conservatorship bars an adult from owning property in his or her name, and in that case, the guardian or conservator can purchase the property in the name of the infirm adult.\n\nA word of advice:  If you and your husband intend to buy property with your brother for all of you to live in,  sit down and write down everything about how title is to be held, how a decision  when to sell the property is going to be made, how any profit or loss is to be divided, what happens if/when one or more of you dies, who gets which room(s), who pays the taxes, insurance, what happens if your brother's health forces him into a long term care facility, what happens if your husband's job gets transferred across the country, etc. etc.   Then take all of what you have written down to a good attorney to have him/her ask you a whole lot more "what if?" questions, and then have the attorney write up a formal contract that you all sign.  \n\nIf you do this before money changes hands, before the property is bought, then when (not if) a dispute arises, you have a document that shows what you all agreed to do.\n\nOtherwise you will end up in a huge family argument, and possibly in court suing each other.
94167
It is not entirely clear what you are asking.  You seem to be under the impression that your little brother would have inherited all of your step father's property if his wife (your mother?) had finalized the divorce.  This is unlike to be the case, particularly if your step father had a will and/or a living trust in place at the time of his death.\n\nI can't answer your question without further speculation.  Therefore, I suggest contacting a probate/estate planning attorney in Colorado that listen to the facts and give you better advice.
343364
My father just passed without a will so I've been through something similar.\nIf there is a will then the law is to follow the instructions of the will. It can be contested but that takes time and money.\nIf there is no will then someone has to send a petition to the courts in his, the deceased, state and request to be appointed guardian/executor of the estate. It is easier to have the "permission" of the other siblings so it won't be contested. Once the court approves the petition then his estate, assests thereof, will be used, sold if necessary to pay off any and all debts the person had. What is left after that is divided between the surviving brothers and/or sisters. Children of deceased siblings are not usually included in the division, but can be. Hope this helps.
873949
I did know of a case once where a family were left a very grand house on condition that they lived there as a family.  I didn't see the will, and only had their version of things to go on, but it is possible to make a bequest subject to a condition, in which case the testator (person making the will) has to spell out what will happen to the property being left if that condition is not/ceases to be fulfilled.  I don't think your flatmate would give up her freedom to go back and live with her mum without good reason.  Whether that good reason is to do with the will or because her mum really needs her there is her business, and whichever of the two it might be I don't see how you can describe it as selfishness.
651085
PROBATE as I understand is obtained on the will after death of testator. If the testator is alive he could divide the estate amongst his successors for which no probate is probably required. i wonder if the Law in PHILIPPINES differs in the matter.
174169
I think you need to ask a lawyer in the jurisdiction where you live. I suspect your brothers portion of the mortage will still be owed to the mortgage company.\n\nDoes he have a will? That can make a difference.\n\nThe idea that a person's debts die with them may not be true. The debts may become a part of their estate along with any assets.
699019
It depends upon how the property was owned by your mother and step-dad.  If their names were listed as John Doe and Jane Doe, joint tenants, then your step-father became the sole owner once your mother died.  If that happened, once your step-father died, the land passed down according to his will or to his heirs if he died without a will.  As a stepchild, you are not considered one of his heir if he died without a will.\n\nYou really need to go to the county courthouse to see how the land was titled when your mother was still alive. Once you have that information, post a new question on her stating exactly how the official records showed the way the land was owned, leaving out the actual names of course.
896085
1) You need to contact the probate court in the county where grandpa lived, and ask for a copy of the probate file. You'll have to pay for the copies, but you will get a copy of the will and any other documents in the file.\n\n If there is no probate file, you or one of your sisters should file to open probate on his estate.  The judge would then order your aunt to produce the will.  If she fails to produce the will, the estate will be distributed according to the intestate (without a will) laws of the state of Florida.  \n\n2) For the law on how the estate should be handled if there is no will, google:  intestate will florida estate\n\n3) probate of the will shouldn't take more than a year in most cases.\n\n4)  She must follow the will.  She cannot change anything in the will if the will is deemed to be valid by the courts.  If the will is found to be invalid for some reason, she would have to distribute the assets as the Florida intestate laws state.
245860
The laws vary by state, so you really need to contact a local probate or estate planning attorney.  Some states might require a public auction and others might allow a private sale.  In most cases, the court will probably need to approval the sale.\n\nIf the property were in a living trust as opposed to being in probate, you could probably just buy it directly from the trustee.
849144
The following web site will tell you something about New Jersey estate tax.  As you will not none of the decedent's property can be transferred without dealing with the estate tax issue.  Your relative may have had an executor that would have handled all of this but we are just guessing without more information.  If you are attempting to deal with these issues for the estate I would suggest that you get some professional help.\n\nhttp://www.nj.gov/treasury/taxation/index.html?estatetax.htm~mainFrame
562310
The military has no say in what a family member chooses to do with possesions.  If the will didn't state explicitly that the eldest son swas to receive the items, then it's a free for all.  This needs to be taken up with the sister.
995452
I strongly urge you to contact a probate lawyer in Texas.  Texas law may have a procedure that allows you to officially disclaim your inheritance, but you need guidance from a competent Texas attorney.  Failure to proper advice might resulted in some unexpected and unpleasant tax consequences.
931138
If the property is in the U S and the person died intestate than the laws of succession will apply.  Under this law the brother would have first claim on the property.
1089905
Probate is filing the will with the courts, so notice to any one having claims against the estate can file, hospital bills, etc. No property can be disbursed until all debts are paid off, if the money left over cannot cover up, the judge makes the decision what property to dispose of to satisy the debts. Say the died, and all debts were settled prior. Sister still cannot get siblings to "sign over" property as it is still not legally in their names. This is what Probate is for, if their is turmoil between the surviving children as to whom gets what, be prepared for a lengthy and more costly battle in the court.