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.
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