How do I become the owner of my decease mother's home?

Question

Edwin K. Niles · Answer

If it's in Mom's name alone, you'll have to open a probate proceeding with the local court.  Please see a probate lawyer.

Randall Romei · Answer

If your mother had a Will you must purchase the home from the person who was distributed the home under the terms of the Will.  If your mother had no Will then the home would be distributed according to the rules of descent and distribution.  A probate should be opened and you could purchase the home from your mother's estate.  If there is no Will then you are an heir of the estate along with your mother's other children, born to or adopted by her, and your mother's living spouse, if any.  If there was a living spouse at her death, and there is no Will , then the spouse receives ? of the estate and your mother's children equally divide ? of the estate.  If one of the children predeceased your mother then the descendants of that predeceased child equally divide the share that would have gone to the predeceased child.  Once you identify the other heirs to your mother's estate you can purchase the home and the proceeds would be distributed. If you are the only heir then you could open the estate and have the house distributed to you directly by deed, after all creditor claims against the estate have been paid.

James Weiner · Answer

If you are her heir you file a probate action and get awarded it as your inheritance.

Sabina Tomshinsky · Answer

It depends on whether your mother was the last parent to pass, on who is on the deed, whether the property is your mother's homestead property, whether your mother had a will, etc. You really should consult with a probate attorney in your area for further guidance specific to your case.

David Leon · Answer

I need to know more facts:  1. When did mother die? 2. Did she have a will? 3. How many children did she have, total? 4. Did she ever marry? 5. Is there a loan or taxes on the house? 6. Did she ever receive Medicaid benefits?

Nathan Wagner · Answer

You ask a simple question, but the answer may or may not be simple. Start by finding out whether she had a will. Then you should talk to a local probate lawyer. They will need to know whether your mother was married, if you have brothers or sisters, what else she owned, and how the deed to the home is currently written. From there, it may be a simple matter to transfer the home to you.

Brian Haggerty · Answer

Administer her estate. Petition the court to be named personal representative of her will, or administrator if she had no will.

Victor Waid · Answer

By obtaining the service of a probate lawyer to file the necessary petition with the probate court to obtain the necessary court order transferring title to you.

James Frederick · Answer

It depends on the facts. If the home is in your mother's name alone and she has a Will, then the Will should provide for this. If there is no Will and you are the sole heir, then you would need to go through probate, but you would inherit the home. If there is no Will and there are other heirs, then the situation is more complex. In any event, your best bet is to meet with a probate lawyer, share all of the facts and determine how best to proceed.

Dara J. Goldsmith · Answer

A probate probably needs to be opened and completed, unless your name is already on title as a joint tenant.  I urge you to speak with a probate attorney where the property is located.

Christine James · Answer

You need to file a Petition for Probate if the property is valued at over $150,000.   If less you can do a summary probate.  You mention foreclosure in your heading.  If there is foreclosure action, you need to move quickly and be able to refinance to keep the house.  Otherwise, sell it if there is equity before it is foreclosed on.  Speak with an attorney ASAP.  Most give free consultations.

Ronald Nims · Answer

The first issue is did you mother have a will?  If she had a will did she give the house to you?  If she didn't have a will, the house will be equally divided among all her children.  You'd have to buy out your siblings.  The actual transfer will be done by the probate court in the county where the house is located.

Jayne Sebby · Answer

You can purchase it from the estate.  Check first to see if you have inherited any or all of it.

Mark T. Peters · Answer

Are you the only child?  Did her husband predecease her?  If so, you will need to open a probate estate and get a personal representative's deed in your name.  If you have siblings, they will have rights to it as well.  Of course, the estate will have to pay your mother's bills and if there is insufficient funds to pay them, you may have to sell the house to pay them.

Ben Liu · Answer

You probably have to probate her estate.

Stacy Safion · Answer

Probate my son, probate.

John Brennan · Answer

You're not provided enough facts to be able to answer your question. Obviously you could buy the house from her estate or, heaven transferred by the estate to you if it is will do you or available to you by law, if the state itself is solvent to the point that it can pay its debts without having to liquidated assets, including the house. I would suggest you speak to an attorney.

James Maguire · Answer

Through a legal probate process.

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How do I become the owner of my decease mother's home?

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