NH Probate Law

[afraser]

What is the name of your state? New Hampshire

Hello! My parents passed away without a will leaving only their home as an asset. There are three of us (siblings) who are unable to afford the cost of probate. We were told by a family friend that under NH title law if we were to wait 2 full years (and no bill collectors filed probate) the title to the house could be transferred without probate to the three of us.

Now here is the question. I am the only one who wants to sell the house. The others won't even consider buying me out. I want to file a partition lawsuit to either force a sale or buy-out. How can I do this in my best interest? After the 2 year marker can I assume my name is on the title or does something still have to be filed with the courts (formality to place the three names on the title). My worry here is that the others may set the title in a way that all would have to agree to sell (ask each others consent using the terms "so AND so" between the names on the title). Is there a default way the title will be transferred to the three of us in this situation?

Thank you!

Anna

 

[Dandy Don]

This is why you need to be consulting a local lawyer and not depending on a "family friend" who may not know what he/she is talking about. Don't assume you can't afford probate--find out how much it is before you make a false assumption. If you have a job you can afford probate.

 

[seniorjudge]

Anna, y'all don't have enough money for probate but you think you can have a partition suit?

My prediction: When y'all get through fighting, there will be nothing left except some bills which each and every one of you will have to pay.

Squibblings spend money without thinking.

 

[lwpat]

Go in and start probate by filing to be the personal representative. Then you can petition the court to allow you to sell the house and divide the proceeds. Cost of probate can come out of the estate.