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Inheritance and probate questions

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  • Inheritance and probate questions

    parent died with no written will but there was a verbal one.
    3 adult children to share the estate value equally.
    1 child already lived in the house with the parent already and the deceased wishes was for 1 other child to move in as well and then buy out the third.

    couple of questions.

    can 2 people live in the house whilst waiting for probate to go through?

    can the third person force a house sale?

    is it best to get a contract in place to say that 2 people will buy out the third etc?
    Tags: None

  • #2
    "No written Will" = No Will. There's no such thing as a 'verbal Will". The rules of intestacy will apply. You can take into account the expressed wishes of the deceased but intestacy law takes precedence over the wishes.

    Who has applied to the probate courts to be appointed Administrator of the Estate?

    Do the three adult children want the house to be used in the way the way the parent wished? Or is there a dispute between them? Does the "1 other child to move in" want to move in? If the two children do want to live there permanently will they be able financially to to buy out the third child after probate? There are legal routes where the third child go go to court for an order for the house to be sold but why would they want to do that if the other two children are able to buy out the third child?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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