How can I put my mother's home in my name now that she has past?

Question

There is no will. But my mom physically left the home in my care before she died. I have lived here ever since. My mother owned the home out right. Nothing owed to any bank or finance co. My mom had four children. All adult.  Two have died leaving me and a sister with any interest to the house.

Dara J. Goldsmith · Answer

Your question is much more complicated that you think.  You need to meet with a probate attorney.  You may not be able to get the result you are looking for.  This information is only intended to give general information in response to an inquiry.  It does not establish an attorney client relationship.  This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.

Edward Armstrong · Answer

When did your mother die?  If it has been less than a year since her death, you should open an estate in the Probate Division of the Circuit Court for the county in which your mother lived.  The purpose would be to obtain court approval to transfer the title of the house to you and your sister.  As part of the administration process you would list all debts, give notice to any creditors that they had six months within which to file claims or be forever barred, pay any taxes due and then distribute the estate to the heirs which would be you and your sister.  You will need to retain counsel to help you with this.

Christine James · Answer

Go through probate and any nieces and nephews of the deceased children also have an interest. Be smart and careful. Get an attorney.

Edwin K. Niles · Answer

Sounds as if you'll have to open probate.  See a lawyer who does wills, trusts and estates.

C. Hamrick · Answer

FOR WEST VIRGINIA ONLY: One of the decedent's children should start the administration of the estate at the probate office at the local county commission and become Administrator of the Estate in the county where the decedent died. The Affidavit of Heirs will place the title to the real estate in the ownership of the heirs. Later you can have a deed made if you desire.

Georges Shers · Answer

You need to probate your mother's estate.  The dead siblings heirs would have an interest in the property also.  Read some books on probate, such as from Nolo Press, and probably go to a probate attorney for some advice.

Jayne Sebby · Answer

Unless you can produce some written document from your mother that the house should be transferred to your name, the house belongs to your mother's heirs:  you and your sister and possibly the children of your deceased siblings.  You can't just arbitrarily put the property in your name.  You will need to buy out the other heirs' shares or get them to sign a quit claim deed before the house belongs to you.

James Chandler · Answer

You need to probate your mothers estate. It is the only way to get title to house at this point.

Ronald Nims · Answer

If your mother died as a resident of the State of Ohio with no will, her estate is split into equal shares for her children.  This would count both you, your living sister and any deceased sibling who left children of their own.  It doesn't matter that you're living in the house, in fact, the other heirs might have a claim for rent since you're living for free in a house that they partially own. To transfer real property, you have to apply to the probate court in the county where your mother resided.  If the house was her only asset, either you'll have to buy out your sister (and nieces/nephews, if any) or the court will order the sale of the house and distribute the proceeds equally among the group.

Patrick Currin · Answer

You will need to go through probate to have legal title.

Brian Haggerty · Answer

You need to administer her estate (essentially probate, but without the will).

Randall Romei · Answer

Since your mother had no Will her assets are distributed in equal shares to her children, assuming her spouse predeceased her. If her children that predeceased her had children, born or adopted, then those grandchildren will share in the portion of the estate that would have gone to your mother's child if alive. In other words, you and your sister would share the estate with your nieces and nephews. In order to transfer the property you would have to open a probate estate and have the court-appointed personal representative execute a deed.

Neal Michael Rimer · Answer

You need to start a probate proceeding and when that process ends, you will get a court order authorizing the recording of a deed to fix title to the house.

Carl Silver · Answer

You will need to probate the house and pay off your sister.

James E. Reed · Answer

Under Michigan law if your mother owned the home, had 4 children, and no Will, each of the 4 children inherited a 1/4 interest in the home at her death. If 2 of those children died after your mother died and they had no Will, then, if they had children, their children inherited their shares. So, at this point, what needs to be done is: (1) Open a probate estate for your mother and have the personal representative convey the home to you and your living sibling. (2) Have your living sibling quit claim his or her interest to you. (3) Get quit claim deeds from all of your deceased siblings (assuming the deceased siblings had no Will and assuming all of those children are over age 18). (4) Record all deeds.

Judith Douglass · Answer

Unfortunately, without a Will or Trust in which your mom specifically left her home to you, the house will have to go through probate where the judge will make the determination who gets her property based on the laws in the State of California.  If she had no surviving husband, then the property will go in equal shares to all four of her children.

Ben Liu · Answer

You will have to probate your mother's estate.

Victor Waid · Answer

A petition for probate will be required. Suggest you contact a probate attorney to assist you.

Mark T. Peters · Answer

You need to open a probate estate and then, as personal representative, sign a personal representative's deed.  Of course, this is after all of your mom's bills have been paid.  If there are a lot, you may have to sell the house to pay the bill.  I suggest you call a local probate attorney and discuss it with him or her.

Steven Fluhr · Answer

Affidavits of heirship can be recorded in Missouri.  However, you are mistaken as to ownership.  If your dead siblings left children, those children inherit their parents share. You are probably better off filing a petition to determine heirship in probate court and going from there to get home in your name.

James Frederick · Answer

If your deceased siblings had any children, then they are also considered heirs, and they would have an equal interest in the property to you and your sister. There is no way to get the property in your name alone, unless all of the heirs agree. You will need to go through probate, under any circumstances. Given the complexity of your situation, you would be best to work with an attorney on getting this taken care of.

Charles Perry · Answer

Without knowing the value of the home, it is not possible to tell you   if you must go through a court-supervised probate of your mother's   estate or not.  Since you Mom passed without a will, the intestacy laws will apply.    This means that you are not automatically entitled to the entire   house.  Your sister is entitled to a share.  If either of your   deceased siblings had children, then those children all get to divide   the share that would have gone to your sibling.  I strongly suggest you contact a lawyer who handles probate matters to   assist you.  The maximum attorney's fees in probate are set by law.    In simpler probates, the attorney may agree to a reduction of that   maximum fee.

Bernard H. Greenberg · Answer

You will need to probate her estate in order to transfer the property. Contact an attorney specializing in estate administration for assistance.

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How can I put my mother's home in my name now that she has past?

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