QUESTION
Can I transfer the deed into my name and my siblings get 15%? Do I need my siblings permission to transfer?
Asked on May 12th, 2013 on Estate Planning - Michigan
14 ANSWERS
2 Awards
If there is a will, it will have to be transferred through probate. If there is a trust, you can transfer it but be very careful that follow the terms of the trust and distribute 15% when it sells. Either way, have an attorney assist you to make sure it is done properly and everyone is adequately protected.
Answered on May 16th, 2013 at 4:53 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You need the Court's permission.
Answered on May 15th, 2013 at 6:59 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Hire an attorney You do not know enough to even ask the question correctly.
Answered on May 15th, 2013 at 9:40 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No. You should obtain the assistance of a probate lawyer to file a petition into probate, and if the siblings are minors, a guardian ad item will have to be appointed to represent them.
Answered on May 15th, 2013 at 9:21 AM
No, you may not do so unless her Will requires that.
Answered on May 15th, 2013 at 9:08 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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As your mother's personal representative, you must do what the will says you are to do. Using your power as PR to take more than your share is a breach of your duty to your siblings and a crime called theft.
Answered on May 15th, 2013 at 8:49 AM
Being executor does not entitle you to have any assets in your name. As executor you have the right and obligation to preserve the asset which would include entry but the ultimate disposition comes through the probate procedure. You should consult a probate attorney to advise you of the procedures.
Answered on May 15th, 2013 at 8:41 AM
Thomas Edward Gates
As Executor, you can issue a Personal Representative Deed which will reflect the partial ownership of the parties. The terms of the will be strictly followed, otherwise you could be charged with fraud and theft.
Answered on May 15th, 2013 at 8:33 AM
Employment Law Attorney serving Dana Point, CA
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Mains Law Office
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Any attorney would need more information to respond to this question. The duty of the executor is to properly administer the Estate for the BENEFIT of the beneficiaries. Are you the 85% beneficiary as well? Does the will give you a life estate to live in the home? You can only transfer the home into your name if you are the correct beneficiary of the real property. Otherwise, you would be breaching your fiduciary duty as executor by self dealing and giving yourself the asset.
Answered on May 15th, 2013 at 8:33 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Is there a Will that says this? Why would you get more than your siblings? You need to provide more details.
Answered on May 15th, 2013 at 8:29 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If all siblings get a share of the home, they would need to give you permission to put the deed into your name after you buy their share from them.
Answered on May 15th, 2013 at 8:27 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You can buy out your siblings' interest in the property, at whatever price everyone agrees on.
Answered on May 15th, 2013 at 8:26 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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From your question, I am unsure if you have opened up a probate estate. As executor you must comply with the terms of the will. If the will says you get 85% of the real estate and your siblings get the other 15%, then you can do it. I would encourage you to see a probate attorney to discuss this matter.
Answered on May 15th, 2013 at 8:25 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is impossible to answer your question under the facts provided. If you are executor you must follow either the will or the loss of the test to see in your state. I would suggest very strongly that you engage and attorney on behalf of the estate as if you mess this up, will be breaching your fiduciary duty and potentially have significant personal liabilities.
Answered on May 15th, 2013 at 8:23 AM