Q: my mom notarized a letter, to sell her home (with mortgage) and split proceeds equally with siblings. Is Probate needed
A: Maybe the letter qualifies as a handwritten will. You need to take it to a lawyer to find out. Maybe the letter could qualify as a trust. I don't know . You need to take it to a lawyer who prepares wills and trusts and does probate and trust work. Maybe the letter qualifies as a deed. You need to take the letter to a lawyer in the probate and trust field.
A: In order to close the sale, somebody needs to be appointed who has authority to sign the deed. That somebody is appointed by the probate court.
A: It sounds like the transaction was not completed. Did the buyers sign anything where they agreed to pay the mortgage? So that would be one of my several concerns. Also Without going through a title company I doubt the buyers would have good title so that might not be able to sell in future. I thus think probate court is likely needed. However, it’s possible probate can be avoided. An attorney would need to review the documents.
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.
