Unless there is a lease or something in writing like a will or trust that offers such a right, there isn't one. The estate's personal representative/executor has an obligation to sell the property for as much as is practical to benefit the estate. The current occupant is the first obvious...Read more »
If the will says the deed to a property is to be turned over to one heir, and that heir decides they don't want the property, can they just turn down the deed and all heirs sell the property? Or does the deed HAVE to go to them and they're then responsible for selling it if they don't want it?
The attorney handling the estate in the Probate court in the town where the person died and usually where the property is located will be best suited to explain the circumstances when a cy press order MAY be entered and under what circumstances such a deviance may be allowed by the court/Judge...Read more »
If you were not on the title at the time of death, it may be necessary to go through probate. If the car is the only asset, it will be a very simple case. Meet with a local probate attorney to discuss the details and particulars.
If you own the home and/or have superior rights to it than that person and they are not your child under the age of eighteen then you may charge rent. Once the house is out of probate rights may change and you may lose your ability to charge rent. If you currently have no rights because the...Read more »
This blank line is for the type of petition you are seeking to waive the notice requirement for. Because this form is used for different types of petitions (i.e. Petition for Probate of a Will, Administration Petition, etc.), you should fill in the blank with the type of Petition that your upcoming...Read more »
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.