In Ala If An Heir Of 3 Has A Lein Can You Sell Inheired House,No Will, And Who Has To Pay?

What happens if you inherit a house with a lien?

If the landowner dies, a beneficiary, heir or buyer takes the land with the lien. In many cases, the lien holder can also have the property sold to pay the lien.

Can siblings force the sale of inherited property in Alabama?

The simple answer is yes. To do so, you’ll need to work through the process. Selling a share of inherited property requires that you go through the probate process and, in some cases, negotiate the sale with your brothers and sisters.

Can you sell an inherited house before probate?

The answer to this question is yes, you can. Probate is needed in cases where the deceased was the sole owner of the property. If you need to sell property in such a situation, you can go ahead and list it on the market and even accept offers before obtaining the Grant of Probate.

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Can heirs refuse inheritance?

The answer is yes. The technical term is “disclaiming” it. If you are considering disclaiming an inheritance, you need to understand the effect of your refusal —known as the “disclaimer”—and the procedure you must follow to ensure that it is considered qualified under federal and state law.

What happens if husband dies and house is only in his name?

If your husband died and your name is not on your house’s title you should be able to retain ownership of the house as a surviving widow. If your husband did not prepare a will or left the house to someone else, you can make an ownership claim against the house through the probate process.

Are liens inherited?

In general, the lien does not go away when a person dies. If the judgment failed to file a lien against the home or has not “perfected” the lien against the home, you may have inherited the home without the debt and may not have an obligation to repay it.

What happens if one person wants to sell a house and the other doesn t?

If one wants to sell and the other does not, the one who wants to sell can sell his interest anyway. If there is a mortgage on the property, the lender will take the property if payments are not made but will not take a 1/2 interest in the property if your brother decides he just does not want to pay any more.

Can sibling forced sale of inherited house?

Yes, siblings can force the sale of inherited property with the help of a partition action. If you don’t want to hold on to an inheritance given to you by parents, you might want to sell.

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Can I force the sale of an inherited house?

All of the inheritors of the house will need to agree before a sale goes ahead. One of the biggest questions around inheriting property with a sibling is if a sale can be forced. The short answer is no; if more than one person has inherited shares, then any sale must have all shareholder’s consent.

How long after probate will I get my inheritance?

After the Grant of Probate has been issued, our Probate Solicitors estimate that for a straightforward estate, it will take another 3 to 6 months before the funds can be distributed to the beneficiaries.

How long does a house take to go through probate?

The Probate process takes around twelve months to complete and with really complicated Estates, it could take longer.

How does probate affect a house sale?

The person or company named on the Grant of Probate is under an obligation to sell the probate property for the open market value. Therefore, if the property is sold for less than the full market price a beneficiary can look to the person named on the Grant for the difference in value.

What happens if all heirs don’t agree?

Unfortunately, there is not much you can do if the person will not agree to settle or sell the home. There may be other legal tactics you can do, but generally, if the property must get sold (or you want to sell the home) and the other heirs do not, then a partition action may be your only option.

What happens if someone refuses their inheritance?

If you refuse to accept an inheritance, you will not be responsible for inheritance taxes, but you’ll have no say in who receives the assets in your place. The bequest passes either to the contingent beneficiary listed in the will or, if that person died without a will, according to your state’s laws of intestacy.

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What happens if you can’t find an heir?

The court gets involved by making its own effort to reach the missing heir. But first, the Personal Representative must sell the missing heir’s assets and give the money from the sale to the clerk of court. Then, once the amount is in the court’s hands, the state will do what it sees fit with the amount.

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