Q: Not on mortgage or title. Newton Co GA states I cannot sell home w/out probating will despite being executor. T or F?
I'm executor of my husband's will and estate. I'm trying to sell our home in which I'm not on the mortgage or title.
Wells Fargo is telling me they will keep escrow if title is not transferred to my name but by law, cannot prevent me from selling my home and will give me all money less esrow (and obviously what was owed in home) after sale is complete.
Newton County probate is telling me I cannot sell home unless my husband's will is probated. They have also informed me that after I pay to have will probated, that I then have to pay an attorney to have the title transfered from my husband's name to mine to receive all monies.
Who is telling the truth regarding these matters?
A: You have no authority to act in place of your husband unless the court issues Letters to you. The court can't do that if you do not file the will for probate. You might consider filing a petition for year's support to have the house placed in your name. once it is in your name, you can sell it.
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