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Can a house that is in probate be transferred by a quit claim deed?

Blanchard, OK |

My dad and aunt have been dealing with the probate for 7 years now and my aunt won't return any calls from her lawyer or make any attempt to settle the probate. I don't want the house to be sold outside of the family and I want to buy it but don't know how to go about it.

Attorney Answers 3


Retain counsel right away.

(1) I may be guessing. Do not act or rely upon this info; (2) We have not established an attorney-client relationship; and (3) If you insist I tell you something upon which you can actually rely: don't eat yellow snow.

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The heirs may ask the court to require the personal representative of the estate to complete the probate process. The heirs may also ask the court to remove the personal representative for her failure to complete the case. It is almost certain that you will need a probate lawyer who practices in the county where the case is pending to make either or both of these applications to the court. These are not terribly difficult tasks, but they must be done correctly, particularly where real estate title is involved.

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I agree with counsel. It is very important that you retain an attorney to bring your aunt's intransigence to the probate court's attention. Furthermore, the attorney can assist you in purchasing the property from the estate once the judge deals with your aunt. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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