Person died . owned house which was paid off. can adult kids sell it?She had a will but house deed in her name?

Asked over 1 year ago - Portland, OR

Kids need to get rid of the house

Attorney answers (2)

  1. Charles Andrew Hillestad

    Contributor Level 9

    2

    Lawyers agree

    1

    Answered . Sorry. Unless the kids were also on title and there was a right of survivorship mentioned in the deed, the property title transferred to the estate of the deceased and now must go through probate. Even assuming the kids asking the question are the only ones who might inherit with or without the will, it still must go through the process. Depending on its value though, the heirs might be able to just file some affidavits to complete a small estate probate, but either way, the kids wanting to sell really should consult with an attorney experienced in estates.

    Please keep in mind that this is not intended to create an attorney/client relationship. These are only general... more
  2. Joanne Reisman

    Contributor Level 16

    1

    Lawyer agrees

    Answered . If the children are the rightful heirs via intestacy or a will, they can sell the house with the help of an attorney by working with a title company that will insure the title. A probate is not required to do this. However in some situations you might want to probate. You need to talk to an attorney experienced in this area to determine the best solution. Don't attempt to sell the house without proper legal advice. http://www.portlandlegalservices.com

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more

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