I just sold my house!… exciting right!?… well my probate lawyer is holding my money telling me I can’t get my money until after I do taxes. Is this legal?
Great video! My father just passed and I’m about to sign off on a no contest of the will so my stepmother can become the executor for probate. We’re both beneficiaries on the sale of the house. We’re not on the same page about fixing and/or updating some things. I want to get the most out of the house. She doesn’t get about all the disclosures that potential buyers must have.
David, thank you for watching our video! Once you sign off on your stepmother as the executor, she'll be in a position to determine preparations of your father's home. I get the idea that you might want repairs/updates to be done. That said, sometimes it's best to sell the property in its current condition (especially if a lot of deferred maintenance needs to be addressed). The executor will need to disclose anything that they are aware of ie. previous roof leaks, or structural issues as examples. Let us know how it goes.
Very informative. I have indoor cameras and ring doorbell at my mother's house, along with Alexa to control lights.The neighbor checks the mailbox every day for flyers and junk mail. I have a contract for weekly lawn services and snow removal. I also visit the house a few times a month.
Great videos! Can you transfer the deed to if your the Executrix without paying the beneficiers first? In the will the Executrix was left the house as well.
Hi Rachael, Thank you for liking my videos, I’m glad you’re finding them of value! Unfortunately, I’m not sure that you can transfer the deed without having the probate complete. My best advice is that you should contact an attorney prior to making any kind of move to transfer the deed.
I am looking at a property that the decadent left in his will all his possessions to a nonprofit land trust, and his cousin is the executor. What would be the timeline for the executor to deed the real estate over to the trust? Thank you for the video it was very insightful!
Hi Chris, The answer is: it depends on where the property is located. In San Diego, in most cases a probate can take up to a year to be completed and that’s when the property transfer would occur. Your best option would be to contact the estate attorney helping with the matter.
Thanks It is so informative and i have a question, Does the administrator can be always a family member or he can be a attorney who's appointed by the court?
The individual who is the executor or administrator can be an appointed family member or friend, as well as a fiduciary who is paid. From my experience an attorney doesn't typically fill the role of administrator as the courts follow a "order of priority" when selecting someone, and the attorney is already handling the legal aspects of the estate (i.e. they don't want to be the administrator). I am not a lawyer so I cannot be certain this is legally true, I'm just basing this on my experience.
Hello kim i have a question, my brother will soon be appointed Administrator of our moms land. My sister and i have been paying the property taxes and maintenance fees for the past 40 years. Are we in titled to reimbursement? If so when do we make the judge aware of this?
Hi, it sounds like you need to compile proof of all payments that you have made and submit it to your brother the administrator. and the attorney in charge of the estate asking them to submit it as a creditors claim against the estate ASAP. Good luck to you!
@ProbateandTrustHelp thank you so much for your expertise. May I asked one more question? What if we can't locate the receipts from the last 40 years. Any suggestions?
To be reimbursed you and your sister will likely need to show proof of your personal spending towards the property. If it was paid in an untraceable way, like cash, I suggest you speak with the administrator and see what can be done. Good luck.
Lisa, Most likely the executor or administrator has full authority, granted to them by the probate courts, which typically means they can sell the property without any court confirmation. In my opinion, a listing should not state “no confirmation is needed” because if there is any objection from a beneficiary, then the sale would need to be confirmed by the court.
Christopher, My personal opinion is that it is not a good idea for two reasons. 1. The home buying company is representing themselves, the estate would be without representation. 2. When a property is not put on the open market, you never know what a buyer is willing to pay and in most cases of selling directly to an investor, the estate is giving away thousands, if not tens of thousands of dollars of proceeds. Hope this helps.
Hi, can help you to find a certified probate real estate advisor with a bit more information from you. Can you please send me an email with the property address and a brief description of your circumstance. That way I can reach out to my trusted colleagues to find the right fit for you. KimWard@ProbateandTrustHelp.com
the short answer is yes. In my experience having an heir living in the property during the sale can occasionally add some challenges to the process. As long as the person residing in the property works with the real estate agent for scheduled showings, when reasonable of course, it is no different than if a renter lives in a house while the own property is listed.
what are some questions you have for me regarding the sale of a house in probate? Comment below:
I just sold my house!… exciting right!?… well my probate lawyer is holding my money telling me I can’t get my money until after I do taxes. Is this legal?
Great video! My father just passed and I’m about to sign off on a no contest of the will so my stepmother can become the executor for probate. We’re both beneficiaries on the sale of the house. We’re not on the same page about fixing and/or updating some things. I want to get the most out of the house. She doesn’t get about all the disclosures that potential buyers must have.
David, thank you for watching our video! Once you sign off on your stepmother as the executor, she'll be in a position to determine preparations of your father's home. I get the idea that you might want repairs/updates to be done. That said, sometimes it's best to sell the property in its current condition (especially if a lot of deferred maintenance needs to be addressed). The executor will need to disclose anything that they are aware of ie. previous roof leaks, or structural issues as examples. Let us know how it goes.
Very helpful
Very informative. I have indoor cameras and ring doorbell at my mother's house, along with Alexa to control lights.The neighbor checks the mailbox every day for flyers and junk mail. I have a contract for weekly lawn services and snow removal. I also visit the house a few times a month.
sounds like you have plenty of coverage to protect your mothers house! Thank you for watching, liking, and commenting.
Great videos! Can you transfer the deed to if your the Executrix without paying the beneficiers first? In the will the Executrix was left the house as well.
Hi Rachael, Thank you for liking my videos, I’m glad you’re finding them of value! Unfortunately, I’m not sure that you can transfer the deed without having the probate complete. My best advice is that you should contact an attorney prior to making any kind of move to transfer the deed.
@@ProbateandTrustHelp thank you.
I am looking at a property that the decadent left in his will all his possessions to a nonprofit land trust, and his cousin is the executor. What would be the timeline for the executor to deed the real estate over to the trust? Thank you for the video it was very insightful!
Hi Chris, The answer is: it depends on where the property is located. In San Diego, in most cases a probate can take up to a year to be completed and that’s when the property transfer would occur. Your best option would be to contact the estate attorney helping with the matter.
Thanks It is so informative and i have a question, Does the administrator can be always a family member or he can be a attorney who's appointed by the court?
The individual who is the executor or administrator can be an appointed family member or friend, as well as a fiduciary who is paid. From my experience an attorney doesn't typically fill the role of administrator as the courts follow a "order of priority" when selecting someone, and the attorney is already handling the legal aspects of the estate (i.e. they don't want to be the administrator). I am not a lawyer so I cannot be certain this is legally true, I'm just basing this on my experience.
Thank you for the amazing info.
Glad it was helpful!
Great info!
Thank you Karen, glad you found it helpful!
Hello kim i have a question, my brother will soon be appointed Administrator of our moms land. My sister and i have been paying the property taxes and maintenance fees for the past 40 years. Are we in titled to reimbursement? If so when do we make the judge aware of this?
Hi, it sounds like you need to compile proof of all payments that you have made and submit it to your brother the administrator. and the attorney in charge of the estate asking them to submit it as a creditors claim against the estate ASAP. Good luck to you!
@ProbateandTrustHelp thank you so much for your expertise. May I asked one more question? What if we can't locate the receipts from the last 40 years. Any suggestions?
To be reimbursed you and your sister will likely need to show proof of your personal spending towards the property. If it was paid in an untraceable way, like cash, I suggest you speak with the administrator and see what can be done. Good luck.
The property is a probate listing, and says no court confirmation is needed. What does it means? thank you
Lisa, Most likely the executor or administrator has full authority, granted to them by the probate courts, which typically means they can sell the property without any court confirmation. In my opinion, a listing should not state “no confirmation is needed” because if there is any objection from a beneficiary, then the sale would need to be confirmed by the court.
@@ProbateandTrustHelp Thank you so much!
What about selling to a home buying company?
Christopher, My personal opinion is that it is not a good idea for two reasons. 1. The home buying company is representing themselves, the estate would be without representation. 2. When a property is not put on the open market, you never know what a buyer is willing to pay and in most cases of selling directly to an investor, the estate is giving away thousands, if not tens of thousands of dollars of proceeds. Hope this helps.
How would I search for a certified probate real-estate agent/advisor in the SanFernando Valley
Hi, can help you to find a certified probate real estate advisor with a bit more information from you. Can you please send me an email with the property address and a brief description of your circumstance. That way I can reach out to my trusted colleagues to find the right fit for you. KimWard@ProbateandTrustHelp.com
Can a family member live in the house while in probate sale?
the short answer is yes. In my experience having an heir living in the property during the sale can occasionally add some challenges to the process. As long as the person residing in the property works with the real estate agent for scheduled showings, when reasonable of course, it is no different than if a renter lives in a house while the own property is listed.
Thank you very helpful