Legal Question in Real Estate Law in Arkansas
Saling property left to me by my father who's deceased
My father passed and we want to sell the property he left to us (siblings). No one has lived in the house since my father moved out back in 2000. Can we sell the proprety without going through probate court? The contract that we have drafted should it be reviewed by an attorney? What kind of witnesses do we need? I want to make sure that we cover ourselves completely. We've had an offer of $3500 with 7 installments of $500 due monthly. Please advise
1 Answer from Attorneys
Re: Saling property left to me by my father who's deceased
The property must be in your (you and siblings) name before you can sell it. Did your father have a will, or how was it decided who got the property? If no will, you can do an Affidavit of Heirship from all parties to get it transferred. It needs to be recorded at the county courthouse to have it put in your name.
A contract for sale of real estate does not necessarily need a witnes, but you need to be sure that it includes everything necessary, including things such as what happens if they don't pay, what you would have to do to take back the property, when payments due, whose costs if have to try to repossess the property, insurance, and more.
If yo have any more questions, you're welcome to email me.
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