Q: my father passed away 5 years ago. mom wants to sell the house but she has 9 kids. one son is dead and we can't find his
son. does mom really need to have copies of all the birth certificates plus the birth certificate of her dead son's son. Since mom cannot find her grandson can she still sell the house?
A: Hello and thank you for using JUSTIA. Yes your Mother needs to create your beloved Father's estate. Only your Father's children need to be mentioned in the petition to create the estate so only thier perspective birth certificates are needed. If the deceased son was from your Father then we would need his birth and death certificate. The grandson would then be the inheritor of his deceased Father's share in your Father's estate. If the grandson was born in Puerto Rico his birth certificate can be located and issued for this purpose. His share would be then deposited in the court for safe keeping.
You will need to create your Father's estate, submit an estate tax return and register the property under the inheritor's names along with your Mother. After all this is done you will then need to file a petition in court for the court to authorize the sale of the property to a third party thus authorizing the signature ofthe sales contract by a court officer on behalf of the grandson.
The entire process although time consuming is basically simple to comply with. Inorder to protect the buyer of the property a contract of option to purchase and an escrow payment account would be created for the duration of the legal process thus until the final sales contract is signed and delivered. The entire legal process should not take more than six months to process nor cost more than $ 3,000.00 in legal costs.
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.