QUESTION

How can I fight for the sale of the property?

Asked on Aug 26th, 2013 on Estate Planning - Idaho
More details to this question:
I am force by my brother-in-law to move out of the property. He is on my Dad’s will. I am not on the will and I am on Social Security to protect me. The house trailer was owned by Fred and Cecile.
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5 ANSWERS

If your dad has died, you can file a petition in probate court to determine who is entitled to the property.
Answered on Sep 18th, 2013 at 4:10 AM

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Estate Planning Attorney serving Spanish Fork, UT at Prigmore Law
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Inability to pay for your own costs is not a defense to the transfer of a home by will. Your only argument would be that either the will is invalid or that the will has been misinterpreted. You may need to take a copy of the will, if you can get one, to an attorney to verify that you are being fairly treated. Some attorneys will meet with you once for free to help you determine whether you have a case. If the home is a house trailer, it may be that the trailer is not in your Father's name, and needs to be distributed to someone else. If possible, talk to the last known owners to see if you can learn if they sold the house to your father.
Answered on Aug 27th, 2013 at 3:10 PM

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Business Law Attorney serving Portland, OR
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We need some more information to answer your question. What happened?
Answered on Aug 27th, 2013 at 12:33 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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On the very limited facts provided, you may not have any ability to force a sale. Is there a probate estate? If there is no estate, in Michigan, title to the vehicle would pass to the next of kin. In that case, you could go to the Secretary of State, sign the certificate saying there is no estate, and the title could be issued in your name (and your sister's). Your BIL would then need to open an estate in order to challenge this.
Answered on Aug 27th, 2013 at 10:36 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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If he owns it, you can't fight it.
Answered on Aug 27th, 2013 at 10:35 AM

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