Do I have to sign anything at all?

Question

My mother passed away and left behind a house with herself listed as sole owner on the deed. I am not interested at all in seeking ownership of this property, but have an estranged brother who I choose to have no further contact with who does want the house in his name and full ownership. Can I legally refuse to sign any documents asking me to give up my rights to this house if I choose to?

Douglas Tull · Answer

Yes - but title to the house can't be legally transferred (or sold) to anyone without a probate proceeding being commenced - and someone being appointed Personal Representative.   The house may have to be sold to pay funeral, administrative and other expenses - leaving cash to be distributed to heirs - which it sounds as if both you and your brother are.  So I'd advise you to consult with an attorney to learn more and protect your rights.

James Frederick · Answer

You do not say what you are being asked to sign, so it is not possible to comment on that specifically. You are not required to sign anything. But if you do not sign off on the estate, you will remain part of the estate administration, which is apparently not what you want. If you have no interest in the home at all, the easiest way to deal with this would be to sign a disclaimer. That will eliminate the need for you to be involved with the probate administration at any point in the future. If you do nothing, the Personal Representative of the estate would be required to transfer 1/2 of the property to you and 1/2 to your brother. You would then equally be responsible for the taxes, insurance and upkeep of the house. It is always a good idea when you are being asked to sign a legal document to review it with an attorney, if you are not sure what the document means.

Brian Haggerty · Answer

Yes, you can refuse to sign. But something has to be done; either the estate is administered and you get half of the house (or proceeds of sale of the house)[assuming only two siblings, no spouse] or else you disclaim your inheritance and your brother gets it all. If you won't disclaim, and you won't accept your half, then the estate administrator will have to turn your half over to the Division of State Lands, I suppose.

Victor Waid · Answer

I would suggest if you are one of two heirs, that you compel a sale of the proceeds and split the funds. You will need a probate attorney to probate this property because you do not have title to the property. Near the conclusion of the probate proceeding, you could talk with the probate attorney about assigning your interest in the estate to your brother, which would facilitate the transfer. But to just refuse to sign necessary documents out of spite is not cool. Please rethink your position.

James Oberholtzer · Answer

Yes, but you will be an owner of the property unless you give up your rights.

Charles Perry · Answer

Nothing can make you sign any document with respect to the the house.    Depending on the terms of your mother's will, however, you may end up   owning that house with your brother in some fashion.  If your mother   had no will, then the house likely passes to you and your brother,   with the same result.  You thus may need to resolve this with your brother in some fashion.    The only this may not happen is if your mother's will says that either   you or your brother do not receive an interest in the house in question.

Richard Keyes · Answer

The house has to go through probate as from your question I assume there is no beneficiary deed.  The two of you will have to decide who will be personal representative or you can be co-personal representatives.  See an attorney for more details.

Peter Ticktin · Answer

Sorry to hear of your mother's death.  I'm a little confused by your question, as you indicate you want no involvement with the house, but at the same time ask about your refusal to sign paperwork which would ultimately remove your involvement with the property.  Since you did not mention an instrument that would be effective upon the death of your mother, it may require Court intervention to transfer the deed.  However, you are not required to take property, of which you do not want in a situation as you describe.  If you refuse to sign paperwork, and your sibling would be an heir to the property, then your refusal to sign anything will likely result in you having no interest in the property.  However, if your intention and goal is to have no involvement with the property, it may be more practical to disavow any interest in the property, and sign the necessary paperwork to effectuate your intention.

Randy Harvey · Answer

Given what you described, the estate will have to be in probate to settle the matter of the home ownership. To settle title you will likely be forced to participate in the probate settlement.

Marcus Kroll · Answer

If you refuse to sign a receipt / release or consent to probate, you will be cited to return to court on a specific date.  If you refuse to appear, you will "default" which will act as a consent without having to sign anything or appear anywhere.

Edward Armstrong · Answer

Are there other assets in your mother's estate?  Was there an estate opened in probate court in the county where your mother resided at the time of her death?  If an estate was opened (normally this would need to be done to effect a transfer of title on the real estate) normally the personal representative would wait six months (the period during which claims against the estate could be filed) before distributing anything.  If the estate was to be divided equally, the only way to do this would be to sell the house and divide the proceeds.  If there were other assets your estranged broth could request the house but he would either have to pay into the estate to make up the difference to you and your other siblings or he would have to agree to forgo any interest he may have in other estate assets to make up the difference so that all siblings would received an equal amount.  You should retain counsel for this.

Dara J. Goldsmith · Answer

The asset will need to be probated.  Unless you disclaim your interest  by signing a disclaimer or sign a consent to alternate distribution whereby  you agree he will receive your interest, you will receive  interest in the home or estate, assuming there are two children.  The percentage will change if there are more children.

Christine James · Answer

You do not have to sign anything but generally, unless the property goes through probate, the property cannot be distributed to anyone anyway.

Mark T. Peters · Answer

Sure, but it is not up to you.  The mother's estate will have to go through probate and it sounds like the house will have to be sold and the proceeds divided.  The personal representative will be responsible for determining what to do with the house.

Thomas Edward Gates · Answer

You do not indicate whether there is a will and whether she was married. If there is no will or spouse, all the children would share equally in the estate.  The house can be appraised and your brother can pay you for your one-half of the house.

Sharon M. Siegel · Answer

There are two ways a deed can transfer.  First, all distributees (next of kin) sign the deed. Second, the executor/administrator can transfer the property by signing an executor's deed.  I know you say you are not interested in the house or proceeds, but I would suggest that you file a petition for administration so that you control the process and proceeds.  Perhaps you can strike a deal whereby he buys you out. But, you want to become the administrator so you can sell the house to a third party.   I suggest that you consult a lawyer.

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Do I have to sign anything at all?

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