Tag Archive: probate attorney

The Psychology of the “Stall”: Why Heirs Freeze and How to Thaw Them

You’ve seen it happen. The legal path is clear, the debts are calculated, but the heirs just won’t sign the listing agreement. They stop returning calls. The case stalls, creating frustration for the executor, the attorney and delaying the final distribution.   This isn’t usually laziness or malice; it’s the ...

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Trust Sales vs. Probate Sales: Navigating the Nuances of the IAEA

While many clients and general agents use the terms “Probate Sale” and “Trust Sale” interchangeably, selling a property held in a Revocable Living Trust versus one in full Probate under the Independent Administration of Estates Act (IAEA) requires fundamentally different workflows and documentation. Attorneys recognize that this difference is key ...

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Solving the “Tenant in Place” Nightmare in Probate Sales

Selling a probate property is complex enough. Selling one with a tenant living in it, especially one who pays low, rent-controlled rent or has stopped paying altogether, adds a layer of difficulty that scares off most general agents. This is a problem that falls directly into the attorney’s lap unless ...

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The Vacant Home Liability: Why “Deferred Maintenance” is a Legal Risk

In probate cases, the real property often sits vacant for months during the administration process. To a general real estate agent, a vacant house is just an empty listing. To a probate specialist and, crucially, to the probate attorney, a vacant house is a liability magnet that can jeopardize the ...

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