My mom without him knowing to my brother did a personal representative deed about 5 years after my dad passed away. Now she has also passed and it is time to sell the house. The money would go back into the estate and be divided up evenly amongst the children but who is responsible for the taxes on the house at this time or could the paperwork be stated the this person was acting as the personal representative on the deed? MY father and mother is still on the loan papers and my brother is not listed.
First, the obligations under a mortgage are completely separate from the benefits of ownership.
As for the question about the deed this requires some investigation into the facts. This is an issue involving thousands of dollars. I recommend that you consult an attorney in a face to face interview or even a phone conversation so that the pertinent facts can be discovered. My office offers free consultations for this purpose. A few of the issues which must be clarified are did your brother accept the delivery of the deed, was it recorded, did your mother have a will, was your mother the personal representative of your father's estate?
Don Eby
303-688-0944
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