Posted on: 22nd Jun, 2011 07:43 pm
My parent''s are both deceased . My dad has a will stating that all of his possessions be divided between his children . My sister and I are living in my parent''s house . Is there a way we can sell the house without going to probate court ? Do we need consent from our other siblings to sell the house ? My sister who lives with me in our parent''s house is the executor of the will . What can we legally do to sell the house and move on
Welcome robinski,
As there is a will, it needs to be probated. Unless you probate the will, you won't be able to get the property transferred in your name and thus you won't be able to sell off the property.
As there is a will, it needs to be probated. Unless you probate the will, you won't be able to get the property transferred in your name and thus you won't be able to sell off the property.
Robinski, you used the term "legally" in your query. In order to get a legal opinion concerning this situation, you need to engage an attorney. I'm afraid you might go down the wrong road if you take the advice of a non-lawyer. Please seek out a legal expert.
Also, it would depend on the type of estate your parent held. Some vestings allow for transfer of the property directly to the heirs. Generally if you have a estate that transfers the property to the heirs and you have a valid will, no probate would be necessary, but in all honesty, you should contact an attorney, as each state varies in laws and inheritance.
