Assuming the house is in Oregon, and assuming that the record title is only in your grandmother, then you should petition to be named administrator of her estate; once appointed, as your mom and your aunt to enter into an agreement to vary the distribution of the estate, so that you get the house. Alternatively, finish the probate and transfer the house to your mom and your aunt, and then ask them to sign a deed transferring the house to you. Either way, they are making gifts to you, and should file gift tax returns there shouldn't be any net gift tax owed, just reporting the use of a portion of their lifetime exemption from gift and estate tax. Do this NOW before you make years and years of house payments and then find out the house will never be yours, because your mom or your aunt has changed her mind, or died leaving heirs or devisees who won't agree. BTW, how much is the house worth? If that much money, in cash, were sitting on the table waiting to be picked up, would you want to hire a lawyer to be sure you'd be the one with the right to that cash? Get the help of a good lawyer with this matter, it will be worth it.
Answered on Sep 14th, 2015 at 5:08 PM