QUESTION
What do I do when all siblings are dead and their names are on the deeds?
Asked on Dec 03rd, 2012 on Estate Planning - Michigan
21 ANSWERS
It depends on how the title, i.e. joint tenancy or tenants in common etc., is held as to what action will be necessary to clear their names from the deed.
Answered on Apr 11th, 2013 at 1:16 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
If the deed was to all the siblings, not as tenants in common but with right of survivorship, then you own the land and can sell it. If all the siblings owned as tenants in common, then you need to probate each siblings estate (or do a small estate affidavit for each).
Answered on Dec 05th, 2012 at 12:49 PM
Thomas Edward Gates
Just provide their death certificates.
Answered on Dec 05th, 2012 at 12:47 PM
Tax Attorney serving Portland, OR
at
Bullivant Houser Bailey PC
Update Your Profile
It depends on the form of ownership. If the land was owned with rights of survivorship, the last surviving owner would own the entire property and would be able to sell it. If it was owned as tenants in common, each deceased sibling's share would pass to his or her estate or intestate heirs and their consent would be needed to sell (without filing a partition action).
Answered on Dec 05th, 2012 at 12:46 PM
No easy answer to this situation. A lot depends on the family situation, whether the deceased parties have heirs, who paid the taxes, etc.
Answered on Dec 05th, 2012 at 12:46 PM
Have an attorney or title company look at the deeds. You may have to probate their estates, unless you are joint owners with rights of survivorship.
Answered on Dec 05th, 2012 at 12:45 PM
The title on the property should indicate whether the property is owned as joint tenants or as tenants in common. In the first case, you inherited your siblings' share of the property when they died; in the second, each sibling's share of the property passed to his or her heirs. You can do as you please if the land is in your name alone but must consult with the other heirs if they own a share.
Answered on Dec 05th, 2012 at 12:45 PM
Business Litigation Attorney serving Orange, CA
at
Law Offices of Frank Granato
Update Your Profile
You must have their estates probated.
Answered on Dec 05th, 2012 at 12:45 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Assuming you are the only of the heir, a sibling, or a child of a sibling, and your deceased parent left the real property to his children, you will need to file a petition into probate to administer the estate to get the real property into your name by court order and by Letters of authority to act, issued by the court ,that will be required by the title and escrow company.
Answered on Dec 05th, 2012 at 12:44 PM
Probate Attorney serving St. Louis, MO
at
Edward L. Armstrong, P.C.
Update Your Profile
You should have an affidavit prepared that shows the names and dates of death of all your siblings. It should recite that all of you owned the property as joint tenants with right of survivorship (if that is the way you owned the property) and that you are the sole surviving tenant and that you now own the property as the sole owner. The affidavit should contain the legal description and street address of the property. Once you've signed in front of a notary you need to record it at the Recorder of Deeds Office in the county where the property is located.
Answered on Dec 04th, 2012 at 2:48 PM
You have to determine who became the owner of their interests when they died. If they left Wills, you have to check them. If they have no Will, you check who were their heirs at law.
Answered on Dec 04th, 2012 at 2:37 PM
Probate and Estate Planning Attorney serving Harrison, MI
at
David T. McAndrew, Attorney at Law
Update Your Profile
It all depends on how the deed was titled when it was executed. If it says, as joint tenants or joint tenants with rights of survivorshipyou own the property, being the sole survivor. If
Answered on Dec 04th, 2012 at 2:21 PM
Federal Taxation Attorney serving Livonia, MI
at
Gold & Associates PC
Update Your Profile
It really depends how the deed reads.
Answered on Dec 04th, 2012 at 2:21 PM
Business Law Attorney serving Livonia, MI
at
Gerald A. Bagazinski
Update Your Profile
How is the deed held? If it is joint tenants with rights of survivorship, than all you need to do is file the death certificates. If it is held as tenants in common, then you may need to open estates for each sibling.
Answered on Dec 04th, 2012 at 2:17 PM
Neal Michael Rimer
The siblings names need to be removed from the title to the property for you to be able to sell the property. But, that is easier said than done. If the title to the property was in all the siblings names as joint tenants with the right of survivorship, then title can be fixed easily. Assuming you can get death certificates for your deceased siblings, then you only need to execute an affidavit and have them recorded to clear title just into your name. If title is just held in the siblings names, then title would be held as tenants in common. In that case, each of the deceased siblings interests would need to be probated to clear title. The next question becomes who is entitled to the interest in the land. If there was a Will, then that document will control who takes the interest. If there is no Will, then the laws of intestacy will control. If your siblings had children, they may become the owners of your siblings interest. Therefore, unless and until you work out all the details, you might not be able to sell.
Answered on Dec 04th, 2012 at 2:16 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
at
Whiteford, Taylor & Preston L.L.P.
Update Your Profile
If there are no other owners on the deeds besides the siblings, then it will be necessary to open an estate for one or more of the siblings, depending upon how the land is owned among the siblings.
Answered on Dec 04th, 2012 at 2:15 PM
Litigation Attorney serving St. Louis, MO
at
Probate Law Center Richard J. Keyes, PC
Update Your Profile
This depends on how the property is titled on the deeds. If the property is joint tenancy, then upon operation of law, the property goes to the survivor. Usually, the language on the deed is "as joint tenants with rights of survivorship" or "as joint tenants." However, is there is no language on the deed, then the property is held as tenants in common. When one of the owners dies, the decedent's ownership interest goes to the decedent's heirs. If there is no language about tenants in common or no language at all, then the presumption is that the property is tenants in common.
Answered on Dec 04th, 2012 at 2:15 PM
Trusts & Estates Attorney serving Berkeley, CA
at
Law Office of Scott Pesetsky
Update Your Profile
Depends on the deed wording. Are you joint tenants? You might have a very easy process. Tenants in common? You might need to open probate.
Answered on Dec 04th, 2012 at 2:14 PM
Elder Law Attorney serving Auburn Hills, MI
at
Byers & Goulding, P.L.C.
Update Your Profile
If the land was held as tenants in common, you may have to probate each deceased sibling's estate. If the land was held in joint tenancy, the surviving owner(s) would be able to sell the property.
Answered on Dec 04th, 2012 at 2:14 PM
3 Awards
Depending upon if you were joint tenants or tenants in common you will either complete affidavits terminating joint tenancies or if tenants in common you will need to consider opening a probate to transfer title. I urge you to speak with an attorney and bring copies of all of the deeds. If they were in trust then the situation is handed differently.
Answered on Dec 04th, 2012 at 2:13 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
It depends HOW their names are on the deed. Ideally for you, the deed(s) would read all names, "as joint tenants with rights of survivor ship." If that is how the deed(s) read, then the property is now yours and you are free to do with it as you wish. If the title is "tenants in common" or if it just has all of the names and does not say what kind of ownership you have, then you have a tenancy in common. That would require probate proceedings for each of the deed owners. That will likely be an expensive and complex undertaking, and it will take some time before you can sell the property. You should contact an attorney if you are not clear on how title is held or about how to proceed.
Answered on Dec 04th, 2012 at 2:05 PM