help me probate question

M

marcy1

New Member
would like to sale property my brother and I inherited. brother is incarcerated not expected to get out soon
I have durable power attorney. will has not been probated. there is an executor of the will. can the executor warranty deed the house to me so I can sale it
 
marcy1 said:
would like to sale property my brother and I inherited. brother is incarcerated not expected to get out soon
I have durable power attorney. will has not been probated. there is an executor of the will. can the executor warranty deed the house to me so I can sale it
Click to expand...

Your brother's interests in the property aren't let because he's incarcerated.
You can buy him out.
All you need to do is contact a lawyer and ask him to make a motion before the court to PARTITION the property.
Your brother's signature isn't required.
The court will EVENTUALLY order the house to be sold, and divide the profits between you and your brother!!!
 

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