Q: If there are two heirs to a house, can one buy out the other while the estate is in probate? This is in Alabama.
My uncle passed away and left the entire estate to his two daughters and I had an agreement with him and his eldest daughter to rent his house. Now I am being told that the other daughter doesn't want to rent the house and just wants to sell it. Can the eldest daughter buy her out and then rent the house to me like we had agreed when her dad was alive? The estate is in probate which doesn't make sense to me because everyone had agreed to everything before he passed away. I don't know if it's possible to do all of this while the estate is in probate. Thank you for your help with this.
A:
If the heirs / devisees can agree on a buyout amount, and the Personal Representative / executor is on board with that transaction, it can be done at any time during or after probate is complete.
Because everyone 'agrees' (clearly that really isn't the case though since one daughter doesn't want to do what you suggest!) doesn't mean the estate won't go through Probate. It needs to in order to make sure there are no claims, and that the title to property passes properly. This SHOULD be pretty easy so long as there is an attorney providing the executor / PR guidance about what paperwork needs to be filed when and where it needs to go. This is 'easy' but it is not 'simple' by any stretch, and local legal representation will go a long way to making the process happen smoother.
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
Samuel G McKerall agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
