any loopholes? - Posted by gabby

Posted by John Merchant on April 16, 2006 at 14:13:19:

First Happy Easter.

You can learn all about the will and its specific provisions IF it’s been probated.

If it has, then go to the probate clerk and ask them to pull the file so you can read the will, probate petition, any orders entered, etc.

If it hasn’t then make your deal with the D dependent on your gettting title insurance…that way the T co. will check out her rights under the will.

If her Dad left the house to her fee simple (no conditions) then it’s hers to do with as she wants.

any loopholes? - Posted by gabby

Posted by gabby on April 16, 2006 at 10:14:36:

my neighbors father died- that house was left to minor children-grandchildren (in a will) the daughter doesn’t want the house is there any way she could sell it? or does she have to wait untill her children turn 18?

Tricky - Posted by Jimmy

Posted by Jimmy on April 18, 2006 at 07:21:59:

How, precisely, is the property titled now? a crucial question. was this estate probated? is the property still in the name of the dead grandparent? give more facts, and you will get better answers.

but. if the property is vested in the names of minor children, you have a more difficult fact pattern. the children probably do not have legal capacity to execute deeds or sign real estate documents (I say probably, because there are some circumstances where a 16-17 year old can enter into contracts).

Someone will have to act on behalf of the children. and it is not as simple as having mommy sign for them. you may well have to have a guardian as litem appointed for the children and grandchildren, as a class. then GAL will enter into the deal if the GAL believes the deal is in the best interests of the class of kids.

this fact pattern shows why we do not put assets in the name of minor children. we set up trusts for them, we use custodial accounts, etc.