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How can I sell property owned by my deceased father?

This legal question related to probate law attorneys in AbbevilleAlabama has been answered.

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Location: Abbeville  |  Law type: probate law attorneys
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My deceased Father has 3 acres of land in Abbeviile,Al,The deed is in his name only. my sisters and i have been paying the property taxes for over 20 years, we would like to sell the property now. What do we need to do and what are the costs?

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I need a Probate Lawyer
5 months 2 weeks ago, probate law attorneys, Chicago, Illinois

Legal Solution

The response provided below is specific to probate law attorneys in the jurisdiction of Abbeville. If the response is inadequate, please submit a detailed inquiry.

Transferring Deceased Father's Property Title in Abbeville, AL

Navigating the intricacies of probate law and property inheritance can be challenging. It's essential to understand the necessary steps to legally transfer and subsequently sell a deceased person's property, especially when the title is solely under their name. The situation you described involves property inheritance in Abbeville, AL, where you and your sisters have been shouldering property tax payments.

Relevant Statutes and Resources

Solution Pathway

  1. Probate Process: Initiate the probate process to legally transfer the property title. Since the land was solely under your father's name, it's imperative to prove inheritance rights. Contact experienced probate lawyers in Abbeville who can assist in this procedure.

  2. Pay Outstanding Debts: Before selling the property, ensure all outstanding debts, including property taxes, are settled.

  3. Title Transfer: Upon completing the probate process, the title will be transferred to the heirs, enabling you to sell the property.

  4. Sale of Property: Engage a reputable real estate agent in Abbeville to handle the property's sale. Ensure you and your sisters are in agreement about the sale and distribution of proceeds.

Cost Breakdown

Service Average Cost in Abbeville, AL
Probate lawyer fees (per hour) $250 - $350
Real estate agent commission (percentage) 5% - 6% of the property's sale price
Outstanding debts (varies) Depends on outstanding amount
Miscellaneous fees $100 - $500

Note: Prices are average estimates, and individual costs may vary. It's crucial to compare lawyers in your area to ensure you get the best representation for your budget.

Seeking Further Details

It would be advantageous to know more about the property and any existing legal documents related to it. Would you have your father's will or any documentation indicating your inheritance rights?

Engage with the right legal counsel to simplify the process. It's imperative to get this right for your peace of mind and your family's benefit.

Relevant Questions

  • Do you have a copy of your father's last will and testament?
  • Were there any liens or mortgages associated with the property?
  • Do all involved parties (e.g., your sisters) agree with the decision to sell?

Q1: How long does the probate process typically take in Abbeville, AL?

The duration can vary, but generally, the probate process in Abbeville can take between 6 months to 2 years, depending on the estate's complexity and any potential disputes.

Q2: Can we rent out the property while waiting for the probate process to complete?

Generally, yes, heirs can rent out the property, but it's essential to ensure that all profits are correctly documented and reported.

Q3: What happens if one of the siblings does not agree to sell the property?

All legal heirs must agree on the decision to sell. If there's disagreement, it may require legal mediation or even court intervention to resolve.

Q4: Are there tax implications when selling an inherited property?

Yes, selling an inherited property can have capital gains tax implications. It's crucial to consult with a tax professional to understand your liabilities.

Q5: What happens if the property has deteriorated or is not in a sellable condition?

You can consider renovating the property before selling or sell it as-is at a potentially reduced price. Either way, it's essential to be transparent with potential buyers.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "How can I sell property owned by my deceased father?" has been changed 10 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Abbeville & area of law: probate law attorneys.
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