My Father in law died without a will and leaves a house still in his name.?

Question

There are four children. My husband started the probate proceedings but the other three children are against probate and think they can sell the house without it. The even had a sales agent come to the house and started signing papers to put it on the market. I tried to explain to the agent about the deed and she told me we'll cross that bridge when we come to it. Can they do this without probate? I called 25 real estates and was told by all of them that the house has to be probated to properly have the deed transfered and that my husband was doing the right thing. They were all cited into court to say why they don't want my husband administrator and they said they wer'nt going to show up. My husband and I are paying the house bill and maintaining the house.

Answer 1

It would be illegal to sell the house outside of probate. The state would frown mightily on not getting its cut of the money.

Answer 2

sorry about your loss.  when served to go to court you have to appear.  if they don't show up, your husband will probably be named administrator by default.  then he will have the control of the estate.  anything they signed with the broker will be voided. tell the court about the broker.  this broker is dishonest and not telling you the truth.  use a different Realtor.  get a lawyer if you have problems with the other siblings.  good luck.

Answer 3

Did your father-in-law have the kids names on a deed as joint tenants? Did he have a Transfer on Death Deed? Was the house in trust? If not, a probate proceeding is necessary or no one will have any legal authority to sell the house and a sale will not go through.

If the others don't show up to contest the probate, your husband will be appointed as Personal Representative or Executor. (whichever it is called in your state). The probate need not be finalized in order to be put on the market and sold, but the correct procedure needs to be followed to clear the title. Any potential creditors of your FIL must be notified and any claims paid.

Don't use the real estate agent, she doesn't know what she is doing. I would report her conduct to her broker.

You and your husband don't need to be paying the mortgage. Those expense should be paid from other money in the estate, or have a court order that you will be reimbursed upon sale of the house.

Be careful about insurance issues. Many policies no longer insure a house when it has been vacant for a certain length of time.Contact the insurer to make sure the property is covered.

Good luck.

Answer 4

you have eye on your father-in-law's house !!! evil daughter in law.