QUESTION

How can I obtain an air-property?

Asked on Mar 11th, 2014 on Estate Planning - California
More details to this question:
There are eight kids left and I am the grand-daughter. Seven of the kids will sign the house to me but the one that is living will not. Though he is letting the house fall apart. What are the steps to get the house legally?
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10 ANSWERS

Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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I take it your grandparent(s) died. Hire a lawyer and file a petition for probate.
Answered on Mar 13th, 2014 at 6:36 PM

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Taxation Attorney serving Charleston, WV at C. Page Hamrick III
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To have "heirship" property (inherited from a decedent) placed in your name, you can have the other heirs execute a Deed to you of their interest in the real property. If an heir will not sell their interest to another heir, an heir can institute a civil law suit, called a "partition" suit to have the property divided or sold. I have represented parties to such lawsuits.
Answered on Mar 13th, 2014 at 6:36 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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There is not enough information, and your summary raises additional questions. It is possible, if not likely, that you will need to go through probate. It is also possible that you may need to file an action to partition the property. The court would order the other heir to either buy you out, be bought out by you, or sell the property and divide the proceeds. You should have legal representation, however you proceed.
Answered on Mar 13th, 2014 at 6:36 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Engage an attorney, have the other 7 sign off to you and buy out the interest of the last one.
Answered on Mar 13th, 2014 at 6:36 PM

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Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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Your description seems to state that there are 8 children of the deceased. One of the 8 children is living in the decedents home. The decedent had no will and no living spouse at the time of death so the decedents assets passed to the eight children. (It appears there are no children of the decedent that predeceased the decedent.) The decedent's estate could sell the house and distribute the assets to the heirs. As a grandchild you are not a direct beneficiary of the decedent's estate (unless your parents predeceased the decedent in which case you would share in your parent's legacy with your siblings). If the estate has been closed and the house distributed to the decedent's heirs then the heirs could transfer their interest in the home to you and you could buy out the heir living in the house. If the house has already been distributed to all of the heirs and the estate is closed then any one of the other owners could file a partition suit to force the sale of the house and force the heir living in the house to surrender possession.
Answered on Mar 13th, 2014 at 6:36 PM

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Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
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The simplest and best way is to buy that person's share of the property from him. However, if this is a property that you are inheriting, you still may need to go through probate in order to have it legally transferred into your name. You should talk to a local probate lawyer or real estate lawyer.
Answered on Mar 13th, 2014 at 6:35 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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Buy his share through a partition action. That is all you can do.
Answered on Mar 13th, 2014 at 6:35 PM

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Probate Attorney serving Las Vegas, NV
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You are probably not entitled to it. You and he would own it together. I urge you to speak with counsel who will need to review all of the estate paperwork and court orders.
Answered on Mar 13th, 2014 at 6:35 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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You need to obtain the assistance of probate counsel to represent you in this matter, to file a petition into the probate court to obtain the title to property you are seeking, by way of filing a petition to partition the property(sale) who could pull the other heirs into an a stipulation agreeing to sell the property to you for fair market value.
Answered on Mar 13th, 2014 at 6:35 PM

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Edwin K. Niles
Are you saying heir? If so, see a lawyer who specializes in probate.
Answered on Mar 13th, 2014 at 6:35 PM

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