QUESTION
How can I get the property in my name if both of the joint owners are deceased?
Asked on Feb 26th, 2014 on Estate Planning - Nevada
More details to this question:
Family property my grandmother, and my aunt were joint owners, both are deceased, I have paid off a city lean, and property taxes since 2000, and maintaining the grounds. How can I get the property in my name?
15 ANSWERS
You will need to probate the estate(s).
Answered on Mar 03rd, 2014 at 3:45 PM
Why do you think you own it? Was it left to you in a Will? Are you the only heir of your grandmother and aunt?
Answered on Mar 03rd, 2014 at 3:45 PM
Thomas Edward Gates
You need to be appointed as the Administrator of their estate. Once appointed, you can do a Quit Claim Deed.
Answered on Feb 28th, 2014 at 8:59 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You may have to pay somebody for it. You need to determine who owned the property last and who the heirs of that person are. If your grandmother died first, it would be your aunt's heirs (children, nieces, nephews). If your aunt, then your grandmother's children, or her grandchildren. You need to talk with a local probate attorney to sort through it. Also, your state may allow you to foreclose on the tax lien you paid. That actually might be the easiest way, except that if there are other heirs, they could pay you back and get their ownership.
Answered on Feb 28th, 2014 at 8:59 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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File a petition for probate for the one who died last. (And an affidavit of death of joint tenant of the one who died first, after letters are issued by the court. You'll need a lawyer to do all this.
Answered on Feb 28th, 2014 at 8:57 PM
2 Awards
How? Meet with an attorney, have title reviewed, and discuss who all possible heirs are. It is great you have paid the lien and taxes but that does not automatically give you rights to the property, but if you want it and want title in your name, you can probate the property, pay off other heirs, and get the property in your name. Again, see an attorney.
Answered on Feb 28th, 2014 at 8:56 PM
You would need to file a probate action in the state and county where the deceased parties lived at time of death, and if the property in question is in another state you would need an ancillary probate.
Answered on Feb 28th, 2014 at 8:56 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Probate will be the only way. There is likely to be other heirs with intervening rights. You do not provide enough information in your summary. There may need to be an estate for both your grandmother and your aunt, depending on how title was held. I do not see any way you can handle this on your own. You should consult with a probate attorney, as soon as possible.
Answered on Feb 28th, 2014 at 8:56 PM
Edwin K. Niles
You'll have to open probate, a court proceeding. Please see a probate lawyer.
Answered on Feb 28th, 2014 at 8:53 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You will have to administer the estate of the second to die, and possibly both estates (depending on how grandmother and aunt held the property).
Answered on Feb 28th, 2014 at 8:48 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If the property was owned jointly by your grandmother and aunt then it was the property of the last to die at her death. If the last to die had a will the property would be distributed to the legatees under the will. If there was no will then the property would pass to the descendants of the last to die in accord with the statute on descent and distribution. If you are the sole descendant of the last to die then you need only open a probate and have the property transferred to you. If there are other descendants then you would have to file an adverse possession lawsuit to assert your ownership interest by virtue of your controlling the property and paying the taxes.
Answered on Feb 28th, 2014 at 8:48 PM
If they were literally "joint owners", meaning they had a Joint Tenancy, then the last to die owned the home 100%. If they left a will or had a trust, you need to find the executor or trustee and see what the last wishes were. If they had neither, the property is probated and it belongs to whomever is the heir by intestate succession.
Answered on Feb 28th, 2014 at 8:46 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Seek the assistance of a probate lawyer to file a short petition into probate court to obtain the necessary order to obtain property in your name assuming you are the only heir.
Answered on Feb 28th, 2014 at 8:02 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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You cannot unless you probate the last to die estate. If there is no conflict it should be a simple procedure.
Answered on Feb 28th, 2014 at 8:01 PM
3 Awards
It needs to go through probate. I suggest you speak with a probate attorney where the property is located.
Answered on Feb 28th, 2014 at 8:00 PM