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Grandfather owned home and mother lived there while he was alive and after he passes. She had a loan against the house in her name. She passed and her brother is trying to sell the home. Can he sell or is it her children’s right to sell.
14 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Her children's right to sell the home if the deed is in her name.
Answered on Jan 27th, 2014 at 11:14 PM
General Practice Attorney serving Canton, MI
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James F. Malinowski
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The owner or, if deceased, the owner's estate has the right to sell the home. You're going to have to do a title search to determine the owner. If your mother was a co-owner with grandfather, and they were joint tenants, then your mother's estate can sell the home. Mom's brother has no interest in the property unless grandfather was an owner.
Answered on Jan 23rd, 2014 at 5:24 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Without examining the deed to the home, it is not possible to tell who might have any rights to sell the home. If your grandfather was on the title to the home, then the title must be transferred through probate. The court-appointed administrator of the estate would then have authority to sell the home. If your grandfather had a will that named an executor, the court will favor the appointment of that named person to administer the estate.
Answered on Jan 23rd, 2014 at 5:49 AM
Thomas Edward Gates
The court will appoint an Executor, who will have the right to sell the house. The estate will be distributed, either by the terms of the Will or by state intestate statutes.
Answered on Jan 23rd, 2014 at 5:49 AM
2 Awards
It depends upon who was on title to the home and whether there is a will or trust. See a probate attorney before it is too late.
Answered on Jan 23rd, 2014 at 5:49 AM
You need to go to a probate attorney to straighten this out. Even if your mother had a loan on the property it does not mean she owned it [but what lender would gave a loan to someone who did not own the property the loan is given for]. If she was the owner, then the two of you inherit as her children; if she was not the owner your grandfather's son [your uncle] would inherit half and your mother's children get the other half. Your need to file for probate for your mother and your grandfather if he remained the owner. File a lis pendes as to the house so no one will buy it from your uncle [the title search would show he does not have clear title to the entire house so no sale should go through]. Also, you should read some Nolo Press or similar books on probate [written in lay language] to learn about probate.
Answered on Jan 23rd, 2014 at 5:48 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No way of knowing under the facts presented. You need someone to review the title to the property. Once you know who the owner is, you can determine what needs to happen at this point, to sell the property. One or more probate estates may be necessary.
Answered on Jan 23rd, 2014 at 5:48 AM
The property ownership must be traced to determine which estate owns the property. Contact an attorney specializing in estate administration for assistance.
Answered on Jan 23rd, 2014 at 5:48 AM
3 Awards
It depends whose name is on title. Either the owner may sell or the owner's court appointed personal representative. If it's in a trust, then the trustee.
Answered on Jan 23rd, 2014 at 5:47 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Someone owns the home. This will be shown by the last deed of record. That person has the right to sell the home. If that person has passed away, that person's personal representative has the right to sell the home. If grandmother had a loan on the home, then she MUST have been a record owner. Best guess, grandfather and grandmother owned the home as tenants by the entirety. When grandfather died, someone should have recorded his death certificate in the county records. At that point, grandmother owns the home. When she dies, someone must probate her estate and sell the home. But that's just a guess. The county records will tell you exactly who owns the home.
Answered on Jan 23rd, 2014 at 5:47 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You must look to the Deed. Since your mother had a loan secured the home she was probably given an ownership interest by your grandfather. Your mother's brother may have been given an ownership interest at the same time. If the last deed gives your mother the sole ownership interest then as her heirs you would be distributed the home. Only an owner or the representative of an estate would have the authority to execute a valid deed.
Answered on Jan 23rd, 2014 at 5:47 AM
Edwin K. Niles
Too many unanswered questions. Will? Trust? Was mom on title? (Likely as she had a loan.) How does title stand? (Any real estate person can check this out.) If in mom?s name and no will, property goes to kids, not brother. Perhaps mom has a will and brother is named as executor? Is there a lawyer involved? If so, talk to him/her.
Answered on Jan 23rd, 2014 at 5:46 AM
Estate Planning Attorney serving Greensboro, NC
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The Law Offices of Cheryl David
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It depends who legally owns the home. An attorney needs to check legal title from your grandfather to his heirs and then their heirs to determine who now owns the home.
Answered on Jan 23rd, 2014 at 5:46 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know. Somebody needs to look at the title records and find out if ownership was ever transferred to mom, either by will or intestate succession. I suggest you talk with a local probate attorney to work your way through it.
Answered on Jan 21st, 2014 at 4:54 PM