Q: My mother passed away in September with no will or estate. She was the single owner of a home. How do we sell said home?
There was no will, no estate, no POA or deeds to the home signed over to anyone. We know she owes back property taxes. How do we go about getting the home in someone elses name so that we can pay off taxes, take ownership and sell the home so it's not just sitting vacant?
A: Based on this info, you'll most likely need to do what's called a Determination of Descent, which is a limited probate proceeding, assuming the real estate is located in Kansas. Would certainly encourage you to hire an attorney for this.
A: If no estate has been opened, a determination of descent proceeding may be initiated after six months have passed from the date of death. A determination of descent proceeding starts with a petition, requires notice to all heirs and notice to the general public by publication, a hearing, and will result in an order that transfers the property to the heirs at law or to the person(s) stated in a valid settlement agreement signed by the heirs at law and spouses. A valid settlement agreement may include an agreement by the heirs as to whom the property will transfer. An agreement might also serve as a basis for terms between the heirs as to how the taxes would be paid and the sale would occur.
You should seek the assistance of an attorney to advise you about the best procedure for your circumstances and to file a petition with the court. An attorney could help to identify the best procedure. There may be other assets for which an estate or an informal administration might be necessary or appropriate.
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