QUESTION
How do turn over our share of land to our brother?
Asked on Jan 23rd, 2014 on Estate Planning - Texas
More details to this question:
Our mother passed away in July, she did not have a will, and gave to us everything she had before her death. There is an issue w/lad though. She has a piece of land that we would like to sign our part over to our brother. The land is not paid off, but our brother is paying the notes.
17 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The land will still need to be probated in court; once you have been determined to be an heir, you can grant deed your share to the brother.
Answered on Jan 27th, 2014 at 11:06 PM
You and your other siblings can refuse to accept your shares of that part of your mother's estate if the estate is still open. Or you can sell your shares to your brother.
Answered on Jan 27th, 2014 at 4:52 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It is difficult to answer a question like this without more complete information about the estate, and how the land will transfer in the first place. If your mother passed in July of 2013, you should still have time to "disclaim" your share of the land that might do what you want, but more information about the family is needed. You could simply deed your portion to your brother, but first you need to make sure that you are properly in title to the land, and this approach might involve a need at least to file a gift tax return. Honestly, it's land it must have enough value that it's worth hiring a lawyer to make sure things are done correctly.
Answered on Jan 24th, 2014 at 4:54 PM
Check with your local County Assessor. In New Mexico we can re-title real-estate with a quitclaim deed.
Answered on Jan 24th, 2014 at 4:54 PM
Edwin K. Niles
You just need a deed and a Preliminary Change of Ownership Report.
Answered on Jan 24th, 2014 at 4:53 PM
Unfortunately that land will have to go through probate.
Answered on Jan 24th, 2014 at 4:53 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Easiest and cheapest way is to sign an Assignment of your interest in your mother's estate to your brother. Presumably, his lawyer will be happy to draft that, and it won't cost you or him anything.
Answered on Jan 24th, 2014 at 4:51 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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In order to deal with real estate of a decedent you must open a probate case and have the court appointed representative deed the property. It may be possible to work with a title insurance company and insure over the title defect with the filing of a death certificate, an affidavit of heir-ship and a deed signed by all heirs. There is likely to be an additional endorsement fee beyond the usual charges and a personal undertaking (indemnification) that the heirs must sign. This will not cure the title defect but it may induce the title company to assume the risks if they are comfortable with the heir-ship proof.
Answered on Jan 24th, 2014 at 3:46 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You can renounce the bequest in favor of your brother.
Answered on Jan 24th, 2014 at 3:43 PM
2 Awards
Speak directly with an attorney. You will either have to go through probate or a summary probate to transfer the land and a probate attorney can help you do that.
Answered on Jan 24th, 2014 at 9:57 AM
Thomas Edward Gates
You can deed your interest in the land with a Quit Claim deed. You can find forms on the Internet.
Answered on Jan 23rd, 2014 at 11:12 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If there is a probate estate, you can probably give up your interest in the land in the estate. Alternatively, you could sign a quit-claim deed to your brother.
Answered on Jan 23rd, 2014 at 11:11 PM
If the land is just in your Mom's name, you will have to probate the estate.
Answered on Jan 23rd, 2014 at 11:11 PM
If she transferred the land to you before her death, then you could quite claim your portion to your brother. If it was still part of her estate when she died, you have to go through probate for title to the land to be changed. You can decline to accept your share or then quite claim it to your brother.
Answered on Jan 23rd, 2014 at 11:09 PM
3 Awards
Land will need to go through probate. Speak a probate attorney where the land is located.
Answered on Jan 23rd, 2014 at 11:08 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This sounds like it will need to go through probate. Once in probate, you can sign quit claim deeds for your interest over to your brother.
Answered on Jan 23rd, 2014 at 11:08 PM
2 Awards
If everyone is in agreement, you can do whatever you like. You can deed out your shares to your brother.
Answered on Jan 23rd, 2014 at 11:08 PM