My apologies if im in wrong place to post this.
Ok, here we go. My wife's dad passed away a couple years ago. Her dad had no will and my wife applied for executor of the estate and was granted. My wife has a sister as well, but nothing to do with the estate as fas as decision making. Her sister ask to stay there for a few months, but now it's been over a year and refuses to leave. To be honest, her sister is only there with her hand out and free place to live. Her dad has a 90k medicaid bill that has to be paid from the estate apoun sale of the estate. I was told since I have no ties or anything to do with the estate, even though my wife is i can purchase the estate myself. The question is can I purchase the estate myself? Is it legal to do so?
Posted by Vaporama
5 Comments
Where do you live? Most places property would be left to any surviving children equally. You should contact an estate attorney for best advice. Your wife cannot sell you the property without her sister signing off on it as she would own half.
Seems both children inherited the property.
The estate can sell it and it should go to the best offer. You should not get a discounted price.
Or, you can offer to buy the one sister out.
I think you might be using the terms “estate” and “property” a bit too loosely, so it makes it a little hard to assess what you’re actually asking.
“Estate” typically means all of the residual assets and debts left behind by a decedent that is resolved by an executor. Property, like a house, can be in the estate. It sounds like your SIL is living in a property that is part of the estate (I know people sometimes refer to property as the estate, but that is usually for mansions!).
I suspect this will go through probate which will make the determination of ownership. To settle debts, a sale of the property may be required. I would think a first order of business may be to potentially evict the SIL as a tenant to reduce the messiness of the sale, if that is required, but it gets complicated if she is one of the beneficial owners.
I believe it will be up to the beneficial owners on selling the property. They are likely the decision makers here, and would have to give permission to sell to you, or to put it on the market to maximize the value.
Nobody is going to buy an occupied house. The executor should get the sister out, filing an eviction if needed. I assume the title is in the name of the estate, not the two siblings. Your wife isn’t doing her job.
Apparently the debt can’t be paid until the property is sold. Unless your SIL is on the deed she doesn’t own the house. The house belongs to the estate. She can claim inheritance but not ownership of the house unless she is on the deed.
If she doesn’t own the house she can be evicted. 30 day notice would be sufficient because she doesn’t have a lease. Check local laws on evictions.