As the older generation ages, the middle-age children will often find themselves negotiating the sometimes tricky, complex issues around an estate sale. Unlike a standard home sale, an estate sale involves a couple of extra steps. There are legal considerations around passing the title of the home from the deceased to the executor, including the liquidation of the home’s contents. For those of you who find themselves suddenly dealing with a sale, it can help to have a real estate agent on your team.
Going through your loved one‘s sentimental things can be overwhelming and difficult. Once the claims on the sentimental contents have been settled there will be additional items to be removed from the home, we can help by making the process clean and simple. We can introduce you to our cleaners, stagers, lawyers, movers, and trade contacts. Additionally, storage companies can bring in pods that can be packed with the items in the home and then delivered to a storage facility. This can be useful in a case where your family might want to take more time later to go through the contents of a home but want to get the sale of the home underway.
It is sometimes the case that there may be a need for a contractor to come in. It is not always the case that the house is in great shape, especially if the owners have been in the house for a long time. Some people go to the sale right away. But if there is some more serious work to be done it can take longer. A home in better condition will sell for more than one in a general state of disrepair. We are happy to make recommendations as to what renovations will return the most money on your investment.
Once the home is ready for sale there are a couple of legal issues to keep in mind. This is where the lawyers get involved. Confirming the will and passing along title of the home to the executor is a basic legal process that typically occurs.
The process of confirming the will and moving the title to the executor is called “probate”, a legal term describing the process whereby a will is “proved” in court and accepted as a valid public document. The will has to be approved by a court before title to the property can be transferred to the executor. This process needs to be completed before the home can be sold. You cannot transfer title to the will and sell the home without probate.
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