My siblings and I are not in agreement with the sell of the family home. My sister is administrator, and probate is still open. She wants to close out the probate, but I would not sign because she will not provide me with a copy of the accounting ledger and financial information or the will (the will was denied by probate and administrator said she is under no obligation to provide me with any financial information). I have questions about where the money and previously known assets went, that are not listed on the inventory. Now siblings want to sell house. My questions are: If house is sold during probate, will money from sale of home go to the estate, in which the administrator will distribute the money? OR, if probate IS closed, would money from sale of real estate be split equally by an escrow company? Will the house still go into escrow if probate is still open? When should the house be transferred to heirs?
My concerns, due to my mistrust of the handling of the estate so far, are that if administrator receives money from home she will not distribute equally. So at this point I am willing to just look past the previous deception in order to move on the house.
The house is an asset of the estate. Like any estate asset, it must be distributed either according to the Will (if their is one) or according the your state's intestacy law. Since the estate is being probated without a will, then the estate administrator must distribute the proceeds according to an established formula.
The estate cannot be closed until all assets are accounted for and distributed, and all claims satisfied. When the house is sold, the money goes back to the estate and is eventually distributed by the administrator according to the laws of intestacy of your state. That of course presumes that the estate doesn't owe more than it owns.
The house will either be sold and the proceeds distributed (according to law, and after all expenses) or it can be distributed "in kind" to the heirs. If it distributed in kind you essentially have a "partnership" with all the siblings and you'll still have to deal with the issue of selling the property (what's a fair price, etc.). As a beneficiary you have various methods of forcing the admin to account for their acts.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.
It doesn't matter-the RE can be distributed during the probate process to the heirs or sold with the assets distributed equally as explained.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
In Texas, this would be strictly against the law. All beneficiaries must be provided a copy of the will in this state. Try going to the court where your mother's will was probated and ask to see all the documents filed in the case. These are public record.
If the probate estate is administered and supervised by the court you must request permission to sell the real property and then an order before final distribution can occur
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