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I am the executor for a jointly owned home where one owner has passed away and the surviving owner is in a nursing home. The house has been vacant for more than one year. One party wishes to sell the property, but the other party is opposed. Can I force the other party to sell the house?
answered on Mar 31, 2025
It's not 100% clear who the "parties" are in your question. If you probate the will of the deceased owner, as the court-appointed executor of the deceased owner's estate, you would have legal authority to deal with that half. The surviving owner is trickier, though. Do you hold... View More 
I am the executor for a jointly owned home where one owner has passed away and the surviving owner is in a nursing home. The house has been vacant for more than one year. One party wishes to sell the property, but the other party is opposed. Can I force the other party to sell the house?
answered on Mar 31, 2025
I am assuming that you have been appointed as the executor of the estate for the deceased owner by a probate court. Some people think that because they are named in the Will as executor that they can act without first probating the Will. Until the court appoints you, you cannot act as executor.... View More
I am the executor for a jointly owned home where one owner has passed away and the surviving owner is in a nursing home. The house has been vacant for more than one year. One party wishes to sell the property, but the other party is opposed. Can I force the other party to sell the house?
answered on Mar 31, 2025
Yes, once you qualify as executor of the estate of the deceased one half owner, you can force the sale of the property through a partition lawsuit. The partition lawsuit will be separate from the probate. You can sue for partition regardless of whether the other half owner claims a homestead... View More
I lived with a man for seven years, who initially included me in his will to inherit his property. However, he later changed the will to leave the property to his son. After the man passed away, the son failed to make payments, and the property went into foreclosure. It was sold on March 19. I was... View More
answered on Mar 29, 2025
If you wish to avoid a damaging judgment it would be wise to vacate before a lawsuit is filed. Otherwise, you’ll likely be sued for unlawful detainer, have a judgment for double rent imposed, and 10 days after entry of judgment the plaintiff will apply for a writ of execution for the sheriff to... View More
I'm interested in acquiring a property as a third party due to $3,700 in unpaid back taxes. The property owner recently passed away, and the owner's nephew has until Monday evening to pay the back taxes. The property is not yet listed for a tax sale or auction. I would like to know if I... View More
answered on Mar 29, 2025
'Control' is such a non-specific word.
Can you PAY the back taxes to the County/State before then? Yes, but the Estate will retain the right to redeem meaning you won't get the property, you'll only get your money (plus interest) back.
Can you BUY the property... View More
I'm interested in acquiring a property as a third party due to $3,700 in unpaid back taxes. The property owner recently passed away, and the owner's nephew has until Monday evening to pay the back taxes. The property is not yet listed for a tax sale or auction. I would like to know if I... View More
answered on Mar 29, 2025
It will depend on whether you can make the arrangement with the authorized representative of the estate of the former homeowner. I would not pay the back taxes until you do; otherwise, you will have just advanced money for the estate without any agreement that the estate will sell the property to... View More
My brother and I have lived in our deceased parents' home in California since 2011. My mother passed in 2008, and my father in 2014. We made the mortgage payments until November 2024, and I have proof of these payments, even though the mortgage account is still under our parents' names.... View More
answered on Mar 31, 2025
If the deed to your sister in 2010 was a joint tenancy with right of survivorship deed, then she now owns the property and can sell it. If the deed was an outright transfer to your sister, she owns the property and can sell it. If the deed only transferred a partial interest to your sister as a... View More
My mother passed away recently in California, leaving her estate in a trust. I am the sole trustee, and the trust specifies that the trust assets be equally distributed between my brother and me. My brother has terminal cancer and is likely to pass away before the trust is settled. He is legally... View More
answered on Mar 31, 2025
Unless the trust states otherwise, your brother's estate would pass to the beneficiaries listed in his will. If he has no will, then his portion of the trust will pass to his wife under the laws of intestacy. Your brother can specifically omit his wife from inheriting the assets that would be... View More
I want to buy out the other two shareholders of a property left to my mother, aunt, and uncle after my grandparents passed in 2008. My mother and aunt have both passed away, and I've probated my mother's estate, gaining her share. My aunt's children have not probated her estate, and... View More
answered on Mar 29, 2025
A review of the property deed would be necessary and then a probate of the estate of any deceased beneficiary (your aunt), you could commence a probate of her estate and that would get their attention potentially if they are not interested, also, an offer to your uncle for his 1/3 share. Until your... View More
I want to buy out the other two shareholders of a property left to my mother, aunt, and uncle after my grandparents passed in 2008. My mother and aunt have both passed away, and I've probated my mother's estate, gaining her share. My aunt's children have not probated her estate, and... View More
answered on Mar 31, 2025
Unfortunately, you cannot force them to sell you the property. However, you can force the sale of the property to the highest bidder through a partition lawsuit. Your grandparents' and aunt's estates will need to be probated to ensure all of the correct parties are named in the partition... View More
As the executor of an estate, can I write myself a check from the estate account to reimburse for probate expenses, even though there is no specific mention of reimbursement in the estate documents or court orders?
answered on Mar 28, 2025
Whether the estate underwent probate with a will or without one ("intestate") determines this. Most wills have a provision that allows reimbursement for court expenses and reasonable fees. Explicit statements of this provision are not uncommon. To be safe, you'll need the... View More
I'm wondering if my sons can appoint me as the executor of their father's estate, my ex-spouse, who died intestate. I was his Power of Attorney and Health Representative and handled all his affairs as best as I could while he was alive. Unfortunately, he died from complications before we... View More
answered on Mar 28, 2025
Your sons have priority to act as administrator per the priority schedule listed in the probate code.
However, your sons can nominate you to be the administrator of your ex-husband's intestate probate estate. Typically the nominations (non-judicial council form) are attached to the... View More
I am a surviving spouse in San Mateo County, California, submitting a posthumous QDRO for a pension and annuity. My ex-spouse is deceased, and there is no probate process currently. The divorce decree states a 50% community property division. In this situation, who should be listed as the... View More
answered on Mar 28, 2025
The caption of your case does not change. It's the same case title that was used in the divorce and with the same case number. The issue is who signs the QDRO now that one of the parties is deceased. For that, you will need a "successor in interest" to be designated and to then... View More
When my mom passed away, her assets, including her home with a lady bird deed, automatically transferred to me and my brothers, and we're not going through probate. However, she may have owed a debt to the IRS, and there are no remaining assets to pay that debt. Do I still need to post a... View More
answered on Mar 27, 2025
MUST you do so? No.
But it is still a good idea because it effectively reduces any statute of limitations to the ‘non-probate claims period’ which is drastically shorter than the general limits.
The wording is slightly different than the ‘probate’ notice but similar. I’d... View More
I am the administrator and an heir of my father's estate. The court has named me the administrator, and there is a will that specifically mentions the property. I have already gone through probate, and there are no other heirs with claims to the property. What is the process for having the... View More
answered on Mar 27, 2025
If you are acting as administrator pursuant to an administration with will annexed, you will need to sign an administrator's deed to the party listed in the will as the beneficiary or beneficiaries of the real estate. If you are acting as administrator because the will is invalid or... View More
I'm named as a beneficiary on my father's ladybird deed, along with my sister. The deed has been recorded. My father has recently passed away, and the property is neither occupied nor leased. There are no outstanding debts or taxes, and no restrictions or conditions on the deed. What... View More
answered on Mar 26, 2025
First, I'm sorry to hear about your father's passing. You and your sister are now owners. For clarity with the title, you may want to file an affidavit of death with the real property records in the County clerks office. You need to decide how you wish to handle the property. If you plan... View More
My mom passed away in 2010, and my sister said there was a will, which she witnessed as one of the two witnesses. It took years for me to locate the will, but I eventually found it and filed it at the clerk's office. Since then, the other witness has passed away, leaving only my sister as the... View More
answered on Mar 25, 2025
Yes a will can be admitted to probate if one or more of the witnesses is deceased. If the will is self-proving, meaning that certain attestation clauses are included in the signature area, then witnesses are not contacted in the probate case at all. If that attestation clause is absent, then the... View More
My mom passed away in 2010, and my sister said there was a will, which she witnessed as one of the two witnesses. It took years for me to locate the will, but I eventually found it and filed it at the clerk's office. Since then, the other witness has passed away, leaving only my sister as the... View More
answered on Mar 26, 2025
You will want to have a copy of the Will reviewed by a Florida Probate Attorney, but as long as the Will is validly executed, it does not matter if a witness is since deceased. A copy of the property deed will be helpful as well in order to have that reviewed along with the Will, based on the... View More
I am looking to add myself to a property deed in Fresno, California, alongside my mother. The deed also includes my late father, who passed away in 1997 without a will. We have not consulted any legal or real estate professionals about this, and my mother's other adult children are not... View More
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answered on Mar 25, 2025
The easiest way is to have your mother add you on to the deed. For something like this, I would go to a service like Legal Zoom or a paralegal service that can draft documents cheaply for you.
On the other hand, if you mother decides that more complicated estate planning is necessary due... View More
I am looking to add myself to a property deed in Fresno, California, alongside my mother. The deed also includes my late father, who passed away in 1997 without a will. We have not consulted any legal or real estate professionals about this, and my mother's other adult children are not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2025
If your father's name is still on the title, then you need to hire a probate attorney to help you get your father's name removed from the title. The process does depend on exactly how title is held. It could be something as simple as an affidavit filed in the land records, or it might... View More
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