Saturday, January 3, 2015

do i need to go thru probate if co-owner dies, deed is worded me and him. we were not married and i am handicapped and 65 now i need to sell...

Question

do i need to go thru probate if co-owner dies, deed is worded me and him. we were not married and i am handicapped and 65 now i need to sell the house the repairs are out of control...



Answer

Unless it was titled as survivors, than it likely is tenants in common and the decedent's share must be cleared through probate. Have an attorney review the ownership documents including the deed and opine about how to proceed.



Answer

I agree with Attorney Stein's response. I would add, that until the co-owner's share goes through probate, you will only be able to sell your interest in the property.



Answer

Mr. Stein is absolutely correct. An attorney will need to see how the title to the deed was stated in order to truly answer your question.



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