1. What if you sell the property before the deceased heirs probates the Will or letter of administration. Does the deceased heirs still entitled to the deceased share?

    1. Hey Monte
      If the property is sold before the deceased tenant in common’s heirs have probated the Will or obtained a letter of administration, the deceased’s heirs are indeed still entitled to their share of the proceeds from the sale. Their ownership interest doesn’t disappear due to the sale; instead, their share of the property’s value at the time of the deceased’s passing is owed to them. It’s crucial to ensure that the sale proceeds are distributed correctly according to the deceased’s ownership percentage, which should then be managed as part of their estate. To avoid any legal complications, it’s advisable to consult with a legal professional who specializes in estate planning or real estate to ensure the sale and distribution of proceeds comply with state laws and respect the rights of all heirs involved.

  2. D Zimmerman says:

    Two tenants in common with undivided 50% shares. One tenant occupied the property and his girlfriend lived with him for 7 years. He died and the Court appointed a PR that has begun the eviction process despite the girlfriend’s saying she didn’t intend on staying, but asked to be given adequate time to do so. My question is: Does the remaining tenant in common of the property have a say regarding this matter? Whether it be to evict the girlfriend or devise an exit plan? Basically, can one take action on the property without the other’s consent?
    Appreciate your help!

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