want me to sign? for a price I will**************

[mortsgirl]

What is the name of your state? New York

I have a situation that I posted previously in the "wills and trusts" section, but due to new events I think it falls under this section now. My fathers mother is deceased (she had no will) as well as my father....uncle wants to transfer his name to deed (house is paid for) so that he can sell it and move back to Illinois. Since my Dad is deceased, uncle was told that he needs everyones signature for this to be done (relinquish our rights) Well, me and my two brothers do not wish to do this if there is some chance that we can receive our part of the money from the estate. I have many people telling me that the uncle should buy us out if he wants the signatures. I do have a lawyer that I am meeting with next week so he can look over paperwork. I have a few questions....is there such a thing as a buy out and what amount would that even be? There are also 8 other uncles/aunts that he wants their signatures from as well...question there would be do we have to split any money we would get from a "buy out" with them? I understand that once house is sold there would be splitting of the money....but in a buy out I dont know. Any sheading of light on this matter would be nice,,,,until I see my lawyer next week I am very curious.

 

[BelizeBreeze]

I am only going to tell you this so after reading, go back and delete ALL of your other posts or you will receive no further help.

First, if the grandparent's estates were never probated then it needs to be done now. Your father and all other siblings became heirs of their estates. It depends ENTIRELY on who died first and how the home's deed was held.

If the home was entirely in grandmother's name, then based on the intestate procession statutes all heirs share equally in the home. Your father holds an equal share of the home with all other siblings.

Since your father has died, HIS estate needs to be probated. His heirs share in his portion of grandmother's estate.

THerefore, since there are nine total heirs to Grandmother's estate, your father shares in 1/9th of the value of the home and you and your brothers share 1/3 of the father's share 1/9th of the home's value.

THerefore, if the home's current fair market value is $90,000 your share would be 1/3 of $10,000 or $3,333 minus probate, closing and listing costs. Your total take on the process would fall within the $2,000 to $3,000 range.

All of this is contingent upon the FMV of the home.

Now go delete all other posts. It's getting confusing.

 

[mortsgirl]

both grandparents are dead.....deed is in grandmothers name

my mother is still alive so my dads estate doesnt need to be probated**************
not sure where that even came from???????

I dont know what house is worth....but if I have to get an appraisal
I will.....

bottom line Im not signing over anything to this uncle unless
they want to give us something in return......and if thats any
money amount that im rightfully entitled to....so be it!!!

 

[BelizeBreeze]

both grandparents are dead.....deed is in grandmothers name

my mother is still alive so my dads estate doesnt need to be probated**************
not sure where that even came from???????

It came from an understanding of probate law. Now, if you know so much you don't need anyone's help here.

Have a wonderful time.

 

[mortsgirl]

great im glad u have the understanding...no reason to get all
snotty.....i was simply asking what my dads estate has to do with
my grandmothers house....i will be the one to say sorry for the
confusion.....

 

[BelizeBreeze]

great im glad u have the understanding...no reason to get all
snotty.....i was simply asking what my dads estate has to do with
my grandmothers house....i will be the one to say sorry for the
confusion.....

Your grandmother died. Therefore, HER estate is divided between HER heirs of which your father was one.

Your father died WITHOUT a will. His estate is therefore controlled by state statute.
Without your father's estate being probated, you do not have a claim to anything.

and now for the news you REALLY REALLY don't want to hear.

According to New York intestate statutes, you nor your brothers have any claim to your father's share of the home.

Your father is the decedent survived by a spouse (per your own facts). Therefore the following applies:

If the decedent is survived by issue, a surviving spouse gets the first $50,000, plus one-half of the remaining property in the intestate estate.

Your father's share of the Grandmother's home would have to total more than $50,000 for you or your brothers to have a claim against his estate.

 

[mortsgirl]

hmmmm.....my dad died 2002....his mom died 2005

my dad did not have a will this is true but all of his matters
have been taken care of by my mom and she lives in Indiana.

my grandmothers house is in New York, the lawyer they have
contacted me and said I need to sign over my rights bc my dad is dead
I guess I will just have to see what my lawyer says next week...thank you
for your time....

 

[BelizeBreeze]

then don't ever expect help from me again.

I do NOT help people who spoon feed facts after they receive the correct answer based on what was posted.

 

[mortsgirl]

u r an ass****************************.like i said i will wait for my lawyer to give
me real, true, accurate answers**************.good luck in your miserable
life jerk-off!!!!

 

[pojo2]

u r an ass****************************.like i said i will wait for my lawyer to give
me real, true, accurate answers**************.good luck in your miserable
life jerk-off!!!!

What a precious child, I so hope you end up with ZILCH! However if you do please use the funds and finish high school.