How can I get a deed for my real-estate inheritance? 5 Answers as of March 30, 2011Five years ago, my father died. The self-proclaimed executor hasn't acted in the best interest of the beneficiaries. The will has to be probated but the land has not. How can I get a deed for my real-estate inheritance? The other 3 people involved don't want their land on separate deeds for tax purposes. How can I sell it? What forms will I need? Can I accept the land value instead of the land itself? I'm moving to Ireland soon and renouncing my U.S citizenship so I need to act quickly. Any information you can provide is greatly appreciated. If you need more info, please let me know. Thank you very much.
Theodore W. Robinson, P.C. | Theodore W. Robinson
What you need to do is consult directly with a competent Estate attorney who can properly advise you. However, you are certainly entitled to get the deed if you've been gifted property and if the Executor hasn't yet done it, depending upon how long has passed, then you may have the right to go to Surrogates Court and seek to have him/her removed for failing to act in a reasonable fashion. Speak to the lawyer right away since these things can take time. Good luck.
Answer Applies to: New York
Burnham & Associates | Stephanie K. Burnham
Unfortunately there is no easy quick solution when you are dealing with family. You can ask that the other beneficiaries "buy you out" or give you the fair market value of your share in exchange for you deeding your share back to them. Otherwise, the only way to force your way out may be to file a Court Action called a Petition to Partition the property. If the family is willing to give you the cash based on your share of the fair market value, that is your best and quickest option. Otherwise, you will likely need to see an attorney.
Answer Applies to: New Hampshire
L. Smith Legal Help | Laura J Smith
To properly answer your question, I would have to know what went on at the previous Court proceedings. However, generally real property must be probated. If your father did not have a Will, there are statutes that will control who inherits the estate (per stirpes) which would likey result in the assets being distributed equally to each of your father's children. If the other children do not want the asset, they can file papers with the Court stating such and the assets could go only to you. Once the estate is probated, the property will be put in the heirs name(s) and they can do as they wish.
Answer Applies to: Illinois