If my grandmother died3 years agowith a Will that has yet to be probated, how can the property legally be sold?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my grandmother died3 years agowith a Will that has yet to be probated, how can the property legally be sold?
I’ve paid all taxes.
Asked on March 10, 2012 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss and for the problems that have resulted. Even though the Will has not been probated is it possible that some one has had themselves appointed as the persoanl reppresentative of the estate - with out a Will - behind everyone's back? The property has to be sold with the signature of some one who is appointed as the fiduciary by the court. It is transferred via Executor's Deed. And you should get a set off for the taxes in certai circumstance (not enough info here to tell how that would work). Where is the Will? You need to get it. And a lawyer. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.