Q: Where do we stand as property owners after an estate management battle in court between step children and spouse?
Step Daughter suing deceased's spouse for estate management after spouse sold property to us back in December 2019. We are still in process of purchase. One lot is in deceased's name and two are in both names.
A: Since you are purchasing from the estate of deceased individual a title company would not close on the sale until such time as the probate court approves the sale or the probate is concluded and the estate is distributed, at which point you would be purchasing from the beneficiaries of the estate as opposed to the estate itself. Unfortunately your purchase is going to be on hold until the resolution of the probate.
A: The answer may also depend upon how the title to the property was held. The lot in the deceased's name must go through probate. The lots in both names could be held as joint tenants or tenants in common. If in joint tenants, the property does not go through probate and the surviving joint tenant is the owner and can sell. If the property was held as tenants in common, the surviving spouse could sell her one-half and the other one-half would have to go through probate. However, you may not wish to own a one-half interest with the estate owning the other one-half. If the lots are being purchased as a group, you may decide that the best course of action is to wait until the probate battles are concluded. You may wish to consult with an attorney to review the agreement, status of title and probate proceeding, and determine the best course forward.
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.