QUESTION
Can he put the house in his name even if my mom left it for the two of us?
Asked on Sep 19th, 2012 on Estate Planning - Oklahoma
More details to this question:
My mother passed away and did not leave a will. My brother and I are not in speaking terms.
24 ANSWERS
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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The law of intestate succession in Texas would have all of your mother's children receiving equally, so your brother could not exclude you without committing fraud, if you are right there was no will.
Answered on Jun 27th, 2013 at 9:12 PM
Estate Planning Attorney serving South Jordan, UT
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Law Office of Russell M. Blood, P.C.
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It depends on how the house was titled when your mother died. If it was titled jointly between your mother and your brother, then he became the owner upon her death. If it was titled solely in her name at her death, then the answer is no. In that case, you would each be entitled to half. To find out how it was titled, you would need to obtain a copy of the last recorded deed from the county recorder's office. Since your mother didn't leave a will, one of you will need to be appointed as administrator of the estate by the probate court to have the legal authority to transfer title to the house. The house may only be transferred to the beneficiaries defined in the Utah statutes, which would be you and your brother (and other siblings if there are others) in equal shares. By the way if your mother didn't leave a will, she didn't really leave the house to anyone.
Answered on Jun 27th, 2013 at 9:11 PM
Leonard A. Kaanta
No.
Answered on May 22nd, 2013 at 1:32 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your brother cannot legally do this, unless there was a deed leaving the property to him, or if the property was jointly owned by your mother and brother. Otherwise, in the absence of a Will, the two of you would appear to be equal heirs and there is no way your brother could do anything to change this.
Answered on Sep 22nd, 2012 at 2:44 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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How was it left both of you? How is your pbrother going to put it in his name/ Contact an attorney.
Answered on Sep 22nd, 2012 at 2:39 AM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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The executor should issue a deed with the house in both names. If brother won't do this, file a petition in the probate department of the court.
Answered on Sep 20th, 2012 at 2:40 PM
Make an appointment to set up a probate.
Answered on Sep 20th, 2012 at 2:39 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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No. If your mother owned the house in her name alone and was not married at the time of her death, then it will go through probate, and you and your brother will get equal shares.
Answered on Sep 20th, 2012 at 1:07 PM
If your mother had no valid will, then her net remaining assets that did not pass by virtue of beneficiary designations or joint ownership, after all debts and expenses of her estate have been paid, must be distributed according to the laws of intestacy in her state of residence. In Wisconsin, assuming your mother was unmarried at the time of her death, then her estate should be distributed to her children, in equal shares. Any interested party can initiate a probate proceeding in the county in which your mother resided at the time of her death. You may wish to consult with a probate attorney regarding your options.
Answered on Sep 20th, 2012 at 12:54 PM
Thomas Edward Gates
If there is no other spouse, then the children share in the estate equally. He cannot put the home in his name only, unless you are getting equal value from other parts of the estate.
Answered on Sep 20th, 2012 at 12:54 PM
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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Even though your mother died without leaving a will if real property is involved your mother's estate must be probated. You should consult with an attorney to determine your rights and remedies.
Answered on Sep 20th, 2012 at 12:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Unless it was titled jointly with him during your mothers lifetime, most probably no. See an attorney, you will have to open a probate estate.
Answered on Sep 20th, 2012 at 12:53 PM
Probate and Estate Planning Attorney serving Harrison, MI
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David T. McAndrew, Attorney at Law
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No! Not without going through probate if your mothers name was on the deed alone at her passing.
Answered on Sep 20th, 2012 at 12:11 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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The answer depends on how your mother held title to the house, among other things. For instance, if the house were held in joint tenancy with your brother, then he is entitled to receive the house. If the house were held solely in your mother's name and your mother in fact did not have a will, then the house will pass pursuant to the laws of intestate succession. This law will treat you and your brother equally, and would not allow him to transfer the house into his name. You need to speak to a probate lawyer to determine how the transfer of the property should occur. Since there was no will, it is probable that a probate (or at least a simplified probate proceeding) will be necessary to make the transfer. You may also wish to consult the lawyer about becoming the administrator of your mother's estate, so that you have some control over what happens to the house.
Answered on Sep 20th, 2012 at 12:10 PM
No, you should consult a probate attorney to review all of the facts and advise you of your rights.
Answered on Sep 20th, 2012 at 12:04 PM
3 Awards
It all depends upon how your mom held title at the time of her death. You should consult with an attorney who can review the deed and advise you on your rights.
Answered on Sep 20th, 2012 at 12:03 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Get a lawyer and file for administration of your mother's estate. As administrator, you sell the house. You pay your Mom's taxes and debts, take a fee for serving as administrator, pay your lawyer, and split the rest 50/50. Easy.
Answered on Sep 20th, 2012 at 12:03 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You will need to file a petition in probate court and obtain an order to have the property to be transferred from the name of your deceased mother to you and your brother. You may want to determine the value of the property and commence a buy out of your brother one half or a sellout of your one half to him. If he is living in the house during the interim period, you are entitled to one half the fair monthly rental value from him; so don't forget to figure that item into any calculations or negotiations with him. No he cannot put the title in his name alone.
Answered on Sep 20th, 2012 at 12:02 PM
Elder Law Attorney serving Ithaca, NY
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Robin Abrahamson Masson Attorney & Counselor at Law
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If your mother died without a will, and she was not married at the time she died, her estate goes to you and your siblings in equal shares. The siblings have equal rights to be appointed Administrator of the estate, and that is done by filing a petition in Surrogate's Court. The Administrator has the duty to sell the assets of the estate and divide the proceeds equally among the other heirs, after payment of all of the funeral costs, debts of the estate, and costs of administration (including statutorily defined "commissions" for the Administrator, based on the value of the estate.) So the short answer is, "No", your brother cannot just put the title in his name. I suggest you contact an attorney who is familiar with estate administration (probate) to help protect your rights.
Answered on Sep 20th, 2012 at 11:59 AM
No, he cannot transfer the house to his name from your mother's name without a Will or a trust. You should check the recorded title and then make a written demand to him.
Answered on Sep 20th, 2012 at 11:53 AM
Business Transactions Attorney serving Los Angeles, CA
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Doland & Fraade
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No, and if he has you need a lawyer immediately.
Answered on Sep 20th, 2012 at 11:46 AM
Neal Michael Rimer
If the house was in your Mother's name, then no, your brother cannot just change title and put the house in his name. The only way to change title is to open a probate proceeding and through that process the court will issue an order. That order can then be recorded to change title. Through the probate process, with or without a Will, the court will know who are entitled to the assets in the probate estate. Identifying the beneficiaries is a part of the process. You, or your brother, are possible persons who can file and start the probate process. You should retain a local attorney who is familiar with Wills and Trusts and the probate court and begin the process.
Answered on Sep 20th, 2012 at 11:45 AM
I am sorry for your loss. Legally, based on the facts you give, your brother can not put the house into his name alone. It may be smart to hire a probate attorney, on a limited basis, to monitor the probate and make sure the distribution happens properly.
Answered on Sep 20th, 2012 at 11:43 AM
Unless your mother created a trust, and left your brother as her trustee, he cannot sign a deed that would give her house to him. If she left with no documents in place, a proceeding in the probate court in the county where she lived would need to be started, and the court then would follow the intestacy laws of the state where she lived. An executor would be appointed by the court, and her assets would be divided to her heirs at law, which in most states is the spouse or children of the deceased.You would need to go to the probate court and fight for your heir rights.
Answered on Sep 20th, 2012 at 11:38 AM