Q: My mother passed away and had 4 children. What's the easiest process to get her house sold and have proceeds split?
The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.
She did NOT have a will.
The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market and how to price it. Then what kind of paperwork is needed for this and for splitting the money among her heirs considering she doesn't have a will to execute. I also want to know if it would be easier to put the condition of the house into the "selling price" so it can be sold quicker? I want to make this as easy and quick as possible, it's been a hard process so far. I do not live in New York anymore so I am not able to do as much being out-of-state.
Any help is appreciated.
A proceeding must be filed in Surrogate's Court to have an Administrator appointed as fiduciary of the estate. The Administrator can have the house sold and divide the proceeds.
Regarding the sale of the house, Have a free telephone consultation with counsel.
A: All four agree on one of you to be the estate administrator. Get appointed by the court, and sell the house. If no one contests, there is no court hearing, and no need for you to ever go to NY. Should be inexpensive and reasonably quick.
A: By operation of law, ownership of the property passed to the children. You may be able to avoid filing a petition is Surrogate's Court. However, there are pros and cons. You should consult with a probate attorney and then consult with a real estate attorney to handle the sale. Many attorneys can do both.
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