Home > Research Legal Advice > Probate > Will the public administrator be allowed to sell the deceiced house ?
Asked 3 months ago - Baldwin, NY
FlagThey have parties that are oppossing to the probate of the will . The estate asset is completely depleted by litigation . Who is responsible to pay the Estate Administrator ? Who is responsible to pay Taxes in the property ? ( no fund available in the estate asset . ) How would a Public Administrator be beneficial in settling of the estate ? Would the public administrator be allowed to sell the house ? Appx . how long would it take for the situation to be resolve ? According to will the house should not be part of the estate settlement . The will have a claw any one who successfully contest the will get $ 1 . One of the oppossing party ( claiming to be the Daugherty the decided ) is not mention in the will .
You have a multitude of issues, here and there is no way to address them all without more facts. I will touch on a couple of them, though. I do not know how the Will could refer to a house and indicate that it is "not part of the estate settlement." If an asset is titled in the decedent's name alone, it must pass through probate and it would be part of the estate. The no contest clause may not be enforceable, if there is probably cause to contest the Will. The issue of the omitted heir depends on the terms of the Will. If the person was expressly excluded, you have one result. If she simply was not mentioned at all, there would be a completely different answer.
I agree that you have too many things going on here to get a clear picture without actually meeting face to face with a lawyer.
James Frederick
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