Ancillary personal Rep.

[Basswood]

The property is located in Florida. I am an ancillary personal rep. on my fathers property he passed away 37 years ago. I am now ready to sell it. Its been so long I want to be prepared before listing it. I have 5 siblings. Do they need to be notified and do they also get a portion of the proceeds?
Thank you.

 

[Taxing Matters]

The property is located in Florida. I am an ancillary personal rep. on my fathers property he passed away 37 years ago. I am now ready to sell it. Its been so long I want to be prepared before listing it. I have 5 siblings. Do they need to be notified and do they also get a portion of the proceeds?
Thank you

The property should have been distributed from the estate long ago. But if it is still in the estate, then the provisions of probate in the state where your father died (which you didn't specify) would control what you need to do and who must be notified. As for distribution of the proceeds, for estate property that is determined by his will, if he had one, and by the applicable state intestacy law if he didn't have one. Note that the issue of which state's intestacy law applies is one that you'd likely want to discuss with a probate attorney. It's not automatic that it is the intestate succession law of the state where he died.

 

[Basswood]

He died in Illinois, he had a will but it was vague and therefore on all of his properties there is either executor or Ancillary Personal Rep.

 

[Taxing Matters]

He died in Illinois, he had a will but it was vague and therefore on all of his properties there is either executor or Ancillary Personal Rep.

Then all the more reason for personal representatives of the estate to consult a probate attorney. If the personal reps get the distribution wrong they may themselves end up liable to the shortchanged beneficiaries/heirs.

 

[zddoodah]

The property is located in Florida. I am an ancillary personal rep. on my fathers property he passed away 37 years ago.

Huh? What does "ancillary personal rep. on . . . property" mean? Given that he lived in Illinois and the property is in Florida, does it mean that you started an ancillary probate proceeding in Florida and were named executor of the portion of his estate located in Florida? If so, that means his estate was probated in Illinois, right? If it was, the estate is long since closed, right? Who inherited the property, and how is it currently titled?

I am now ready to sell it. Its been so long I want to be prepared before listing it. I have 5 siblings. Do they need to be notified and do they also get a portion of the proceeds?

Are you saying that this property owned by your father before he died nearly four decades ago is still titled in his name? If so, someone screwed up big time.

As far as who's entitled to what, we have no way of knowing. Did your father have a will? If so, what did the will say (either specifically with respect to this property or as to his estate in general)? Was he married at the time of his death? If he was, was his surviving spouse also the mother of you and all of your five siblings? Do you have any deceased siblings who have surviving children?

Regardless of the answers to the questions, you're going to need to need to engage the services of a local probate attorney.

 

[Cliodhna]

My father lived and died in Illinois. He had a very vague will just stating that he leaves everything to his heirs. It was probated in Illinois. I do not know if its "closed" we had a lawyer at that time.
I was put on the title of this property as the ancillary personal representative to the Estate of my father. This is a condo in Florida we rented out as well as used ourselves. Now we are ready to sell and I wanted to know what I needed to do before I list. Yes, my mother his wife is alive along with the remaining siblings the sibling that passed away her husband also passed away and no children. Each of us took a property to be an either ancillary personal rep or Executor we all agreed upon who would handle what property. This is the property we have chosen to sell. I shouldn't have stated do my 5 siblings need to be notified we all agree to sell it but do we need documents showing this in order to list and sell? Since there is no breakdown of Johnny gets 20%, Mike get 30% etc is there a set law that we all receive equal amounts or can each one name their own amount etc.
I was hoping this would be easy without contacting a lawyer but it appears for legal reasons it maybe best for me to hire a probate attorney.
Thank you for any advice.

 

[quincy]

My father lived and died in Illinois. He had a very vague will just stating that he leaves everything to his heirs. It was probated in Illinois. I do not know if its "closed" we had a lawyer at that time.
I was put on the title of this property as the ancillary personal representative to the Estate of my father. This is a condo in Florida we rented out as well as used ourselves. Now we are ready to sell and I wanted to know what I needed to do before I list. Yes, my mother his wife is alive along with the remaining siblings the sibling that passed away her husband also passed away and no children. Each of us took a property to be an either ancillary personal rep or Executor we all agreed upon who would handle what property. This is the property we have chosen to sell. I shouldn't have stated do my 5 siblings need to be notified we all agree to sell it but do we need documents showing this in order to list and sell? Since there is no breakdown of Johnny gets 20%, Mike get 30% etc is there a set law that we all receive equal amounts or can each one name their own amount etc.
I was hoping this would be easy without contacting a lawyer but it appears for legal reasons it maybe best for me to hire a probate attorney.
Thank you for any advice.

Please start your own thread. Thank you. Or are you “Basswood?”

 

[zddoodah]

Your father's estate should have been closed within a couple years after he died. Given what you have written, I'm guessing someone (or multiple someones) dropped one or more balls at some point, but administering the estate should have involved the gathering of estate assets, payment of estate debt with liquid assets and liquidation of non-liquid assets to the extent needed to pay debt, and the distribution of remaining assets. There should be a court order (or, with ancillary probate in other states, multiple court orders) specifying what should have been done. Given your description of his will, his real property either should have been sold and the proceeds included with the residuary of the estate for distribution or transferred into the name of your mother, your siblings and you. It should not have been left in your name.

I was put on the title of this property as the ancillary personal representative to the Estate of my father.

Exactly how is the property now titled? Use a fake name instead of your real name, and include all the words after "grants to" or "quitclaims to."

do we need documents showing this in order to list and sell?

I'm not sure what the antecedent of "this" is, but the realtor you engage can advise you about what you will need. In large part, it will depend on exactly how the property is titled.

is there a set law that we all receive equal amounts or can each one name their own amount etc.

As mentioned above, this should have been spelled out in the order closing the probate case. Since I don't know where/when the ball(s) got dropped with respect to probate, it's impossible to opine intelligently about this. However, given your description of the will, and assuming Illinois's law of intestate succession was the same in the mid-80s as it is now, your mother probably should receive half of the proceeds with you and your siblings evenly dividing the other half. By the way, if Florida law were to apply, then your mother would get everything.

it appears for legal reasons it maybe best for me to hire a probate attorney.

Absolutely.

 

[quincy]

There are two different usernames, Basswood and Cliodhna. I see that Cliodhna already has a thread.

Cliodhna, are you using two different names? If so, please stick to one username and one thread. The other thread will be locked to future postings.

 

[Zigner]

... for legal reasons it maybe best for me to hire a probate attorney.

Yes, that. Best of luck to you (both?)

 

[Cliodhna]

I have two different situations one involving my mother and brother and one involving me. I believed posting them separately would cause less confusion. If you read both posts one involves property with me on the title as Ancillary personal rep and the selling of it with my mother and sibling - a Condo in Florida with no problems. I just wanted to know how to proceed if I need a lawyer or if just signing of documents etc. I did contact a real estate agent as per the above advice and have received docs for all of us to sign a right to sell and we are all in agreement on the splitting of proceeds. This real estate company has a probate lawyer in hand and it will be reviewed as per the wise advice from the above people.
The other involves apartment complexes in Illinois that I am inquiring on the situation with my brother in hopes of helping him. Here we have a divided family on if my brother should or can receive more money as promised by my mother or if he is only entitled to the 1/6th. I also wanted to know if he refuses can he be sued? I am just trying to avoid more hardships/hard feelings and division. Yes, we realize now that leaving things like this as explained in the posts was not the smartest. The one sibling that did all of this has passed away and thats why I reached out to you all for advice.
I wasn't aware posting under two different names with two different situations was cause for banishment. I apologize.

 

[quincy]

I have two different situations one involving my mother and brother and one involving me. I believed posting them separately would cause less confusion. If you read both posts one involves property with me on the title as Ancillary personal rep and the selling of it with my mother and sibling - a Condo in Florida with no problems. I just wanted to know how to proceed if I need a lawyer or if just signing of documents etc. I did contact a real estate agent as per the above advice and have received docs for all of us to sign a right to sell and we are all in agreement on the splitting of proceeds. This real estate company has a probate lawyer in hand and it will be reviewed as per the wise advice from the above people.
The other involves apartment complexes in Illinois that I am inquiring on the situation with my brother in hopes of helping him. Here we have a divided family on if my brother should or can receive more money as promised by my mother or if he is only entitled to the 1/6th. I also wanted to know if he refuses can he be sued? I am just trying to avoid more hardships/hard feelings and division. Yes, we realize now that leaving things like this as explained in the posts was not the smartest. The one sibling that did all of this has passed away and thats why I reached out to you all for advice.
I wasn't aware posting under two different names with two different situations was cause for banishment. I apologize.

The terms and conditions for use, if you re-read them, say only one username for each user.

 

[Cliodhna]

I'm using my daughters we share computers but I understand. I will leave this forum

 

[Just Blue]

I'm using my daughters we share computers but I understand. I will leave this forum

You don't have to leave...just stop using different user names. Pick one and don't use the other again.