Q: My mother and father are deceased. My mother was the last to die. Do we after 20 years have to probate her estate?
We are trying to sell the house that my grandmother left my mother and her brother and sister. All are deceased. My aunt and uncle estates have already gone through the probate process. What legal action, if any do my brothers, sisters and I have to do for my mother.
A: Assuming your mother's portion of the property was owned in her name alone, as opposed to a trust or joint tenancy, then you will need to probate her estate. Depending on the circumstances, you might be able to sell the house during the probate case, with the court approving the sale. Or you could wait until after the probate case is over and ownership of your mother's portion of the property has been transferred to her heirs as determined by the court, presumably you and your siblings.
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