What documents do I need to sell my deceased mother's property? - Estate Planning Law Questions and Answers- LawQA.com

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What documents do I need to sell my deceased mother's property?

My mother died last 2003 and my father died last 2010. Now my sisters and I want to sell the house and the lot but the title of the lot was still in my mother's name (with my father's name as he was married to my mother). There are no documents or any last will of testament from both of them. What documents do I need to get for us to be able to sell the property? I would really appreciate all the help you can provide us.

Answer By George H. Shers

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You have to probate his estate in order to get full legal title to the property.

Answer Applies to: California
Replied: 3/22/2014


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You will need to probate the house to get permission to sell it.

Answer Applies to: Nevada
Replied: 3/21/2014

Answer By Edwin K. Niles

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You will need to open probate. See a probate lawyer.

Answer Applies to: California
Replied: 3/21/2014

Answer By James T. Weiner
James T. Weiner & Associates, P.C.
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I am assuming you had a typo and that your dad died first and your mom died in 2013 (not 2003 as you listed) but in either case. You need to file a probate action for the last of your mom or dad to die and get appointed personal representative of the estate. Then the personal representative can list it for sale. You will need a true copy of the death certificate of the first to die at closing to clear title. The proceeds, after all expenses, will be distributed to the heirs at law of the last to die.

Answer Applies to: Michigan
Replied: 3/21/2014

Answer By Christine James
James Law Group
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You need to open probate to clear title. See an attorney as soon as possible.

Answer Applies to: California
Replied: 3/21/2014

Answer By Victor Waid
Law Office Of Victor Waid
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Suggest you obtain the services of a probate lawyer to assist you in clearing title to the property.

Answer Applies to: California
Replied: 3/21/2014

Answer By C Page Hamrick

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You need to start and complete the administration of the estates at the probate supervisors office in the local county commission. That will place the title to the real estate in the names of the heirs, who can then deal with it as they please.

Answer Applies to: West Virginia
Replied: 3/21/2014

Answer By Norman H. Green

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How did they hold title? As husband and wife as community property? As joint tenants? As tenants in common? Probably you will need to probate your father's estate. So hire a lawyer and get on with it.

Answer Applies to: California
Replied: 3/21/2014

Answer By James E. Reed

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Your facts seem to be that the house was titled in your mother's and father's name and mother died first. If this is so, then a certified copy of your mother's death certificate needs to be recorded in the Register of Deeds in the County where the house is located. Your father's estate needs to be probated. Once your father's estate has been filed for probate it could simply be to have a personal representative appointed, then the personal representative can sell the house or the personal representative can distribute the house to the heirs at law and they can sell the house.

Answer Applies to: Michigan
Replied: 3/21/2014


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It depends on how the property was titled. Probate may be necessary. Since your father apparently survived your mother, there would likely need to be an estate for him. Using a probate attorney makes the most sense, since you are not the only beneficiary.

Answer Applies to: Michigan
Replied: 3/21/2014

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