Can an executor serve a section 42 notice?
Can an executor serve a section 42 notice?
If the property is still in the deceased’s name, the executors can serve the Section 42 notice provided that when the deceased died, they had owned the property for at least two years. They may then assign the benefit of the notice to you.
How did my mother die with no will?
She died intestate. She was not married at the time of her death. She was on Social Security & may possibly owe money to the state for previous financial assistance. One of the family members lived with her prior to her death and now claims the house should go to him.
Do you have to file for probate when your mother dies?
Through probate you will be able to resolve these issues, and get clear title to the property to sell it. What I hear is your mother died unmarried, without a Will, with her home in her own name, and with six children. You ask “Are we required by law to file for probate?” No – the law does not require a probate to be filed on death.
How can I clear title to my mother’s house?
Ask a lawyer – it’s free! It appears to me you will need to file for probate of the estate. If the house is in your mother’s name, then neither you and your siblings, nor the other family member, will be able to clear title to the property. Through probate you will be able to resolve these issues, and get clear title to the property to sell it.
Where can I find the will of someone who died in 1996?
If you cannot find the record you’re looking for, check the years after the person died. These records are stored under the year the grant was issued, rather than the year of death. To find the will of someone who died in the early 1990s, you may need to check the records that cover 1996 onwards.
She died intestate. She was not married at the time of her death. She was on Social Security & may possibly owe money to the state for previous financial assistance. One of the family members lived with her prior to her death and now claims the house should go to him.
What happens to my mother’s estate when she dies?
If your mother had a spouse at the time of her death, then the distribution of her estate depends upon the ownership and titling of her assets. Generally, the majority of her assets would pass to her surviving spouse. Children or grandchildren may inherit a smaller share.
Through probate you will be able to resolve these issues, and get clear title to the property to sell it. What I hear is your mother died unmarried, without a Will, with her home in her own name, and with six children. You ask “Are we required by law to file for probate?” No – the law does not require a probate to be filed on death.
How old was my mother when she died?
In June 2017, against all odds, we celebrated Mom’s 99 birthday. Her condition remained fragile, but her health was stable and her mind sharp, despite spending most of the past five years in hospice. Her portfolio, however, wasn’t doing as well. In 1974, when her mother died, Mom had inherited a modest bundle of blue-chip stocks.