Staying out of Probate

[Otto_2000]

New York

I have three sisters and we have to sell our deceased parents house. Three of us want to accept a good offer we recently received, but one of the sisters, who lives in the house, refuses to accept the offer. She has no good explanation as to why she is refusing, just that she feels the house hasn't been on the market long enough (3 months). We have explained to her that we don't want to keep paying the taxes and other expenses on a house we get no use out of and is just a burden to us. Her attitude is one of indifference toward our concerns and she as much told me, "Too, bad. You have to pay your share." We feel we are paying her rent. She refuses to pay us rent on our shares and we think she is just trying to remain in the house, rent free, for as long as she can.

What are our options, if any, besides going to probate? Is there any way to sell this house if she remains stubborn?

 

[BelizeBreeze]

New York

I have three sisters and we have to sell our deceased parents house. Three of us want to accept a good offer we recently received, but one of the sisters, who lives in the house, refuses to accept the offer. She has no good explanation as to why she is refusing, just that she feels the house hasn't been on the market long enough (3 months). We have explained to her that we don't want to keep paying the taxes and other expenses on a house we get no use out of and is just a burden to us. Her attitude is one of indifference toward our concerns and she as much told me, "Too, bad. You have to pay your share." We feel we are paying her rent. She refuses to pay us rent on our shares and we think she is just trying to remain in the house, rent free, for as long as she can.

What are our options, if any, besides going to probate? Is there any way to sell this house if she remains stubborn?

How do you think you can seel the home if it is not in your names? Open probate then file Partition against the lone sister.

 

[Otto_2000]

Our lawyer told us, since there is no will, we didn't have to go to probate.

 

[BelizeBreeze]

Our lawyer told us, since there is no will, we didn't have to go to probate.

Excuse me? how exactly is the deed to the house worded .... The names listed on the deed?

 

[Otto_2000]

The deed is in both parents names.

 

[moburkes]

Uh, Otto

The deed is in both parents names.

You'll get BB angry. EXACTLY how is the deed listed. I'm sure it doesn't read"

Deed: in both my parents names

 

[BelizeBreeze]

You'll get BB angry. EXACTLY how is the deed listed. I'm sure it doesn't read"

Deed: in both my parents names

now, why would you say that?

 

[moburkes]

now, why would you say that?

Its just part of my nature. Just trying to help out. Trying to help out. (and bored at work).

 

[BelizeBreeze]

Its just part of my nature. Just trying to help out. Trying to help out. (and bored at work).

WORK?????

what's that?

 

[moburkes]

WORK?????

what's that?

Yeah, yeah. I try to do as little as possible, but sometimes...

 

[Otto_2000]

Very funny.....I don't have the deed in front of me, but, it's your standard, run-of-the-mill deed, the kind you buy at Staples. Our lawyer has it.

I don't know what the lawyer is planning to do or how he is planning to have this property change hands, but, he said it will happen at closing.

 

[BelizeBreeze]

Very funny.....I don't have the deed in front of me, but, it's your standard, run-of-the-mill deed, the kind you buy at Staples. Our lawyer has it.

I don't know what the lawyer is planning to do or how he is planning to have this property change hands, but, he said it will happen at closing.

Then I suggest you ask this attorney SPECIFICALLY how he intends doing this when the home must be probated?

 

[moburkes]

Then I suggest you ask this attorney SPECIFICALLY how he intends doing this when the home must be probated?

OP: I tried to warn you. While I was being funny, I was trying to show you that you didn't answer the question. Without the answer to the question, BB won't respond nicely. Sorry. Your loss. Ask your attorney.