Q: Can I sell my dad's old house after my siblings have past on?
My dad's will left his possession's to 3 of us. My sister past away 10 years prior to my Dad. My brother recently past . My dad's probate was never completed.
A:
If your sister passed away before your dad, then her share would go either go to her children or to the other named beneficiaries (depending on what the will states). If your brother died after your dad, then your brother's share would go to your brother's estate (in other words, be controlled by his will).
All that said, the probate attorney you hire will need to know more about the incomplete probate of your father's will.... Depending on the stage of the case and the probate court assigned to the case, it may or may not be possible to continue that probate.
Big picture: You should talk with an attorney who regularly handles probate cases. It won't be complicated for a probate attorney, but it might be complicated for an attorney who doesn't handle probate cases all the time.
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.