QUESTION
How do I get a deed in my name for a home from my deceased grandfather?
Asked on Dec 06th, 2011 on Estate Planning - Arizona
More details to this question:
I'm currently staying in a home owned by my deceased grandfather and I would like to get the deed in my name. He does have children who are still living, but they will sign over any rights to me. The house is in need of renovation and I would like to start doing some, but would like to be sure it's mine before I proceed. It has about $1000 back taxes on it that I plan to pay, but only until I'm sure I can get ownership. What steps do I take in getting this resolved?
9 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It sounds like you need to probate your deceased grandfather's estate.
Answered on Dec 08th, 2011 at 8:13 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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A deed must be issued by the Grandfather's estate. If an estate was started, the personal representative must seek authorization of the court and approval of all interested parties. If no estate, an estate must be opened in the estate in which the grandfather was a resident on this death.
Answered on Dec 07th, 2011 at 2:26 PM
Criminal Defense Attorney serving Memphis, TN
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Ruchee J. Patel, Attorney at Law
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First step, the property needs to be probated for "muniment of title" to the heirs, this process will be determined by his will or intestate laws. Second step, they have to transfer that property to you by deed of sale or quitclaim. Basically you can't get the property until a living person has a right to give it to you.
Answered on Dec 07th, 2011 at 2:01 PM
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I need to know if your grandparent had a will. If so, then it needs to be probated, and then the property can be transferred by the beneficiaries. If there was no will, and the grandparent had no debt, then you can use an heirship affidavit to clear title to the heirs. The heirs can then deed the property to you.
Answered on Dec 07th, 2011 at 2:01 PM
Donald B. Lawrence
First you have to ascertain how title is held now. Assuming it is still in the name of your grandfather, you also need to determine if there are any liens on the property other than the taxes you mention. Next you need to see if there is a probate for your grandfather's estate and if there is a personal representative ("PR") appointed for his estate. If all of his heirs are willing to cooperate, the PR will have to pay the fees to the court for the inventory value of the estate and the filing fees, obtain the written waivers from all parties in interest and obtain a court order approving the sale to you for whatever amount is agreed upon. Given that the PR will be doing something that a will is unlikely to do or something the probate law of inheritance would not do, the PR will want the protection of court approval of his actions based on the consents of the heirs involved. The PR will also need to either have other assets in the estate to cover the costs or you will have to do so. If there is no will and no PR, one of the heirs will have to petition the court to appoint a PR and then the same process will have to be followed. One of the requirements before the property can be transferred, in addition to the waivers by the heirs, is the obligation of the estate to pay any debts owed by the deceased. A claims notice will have to be published and also served on known creditors. After publication, a creditor can file a claim within 4 months of the publication date. Unless you are willing to take the risk, you will want to wait out that period even if everything else above has taken place before closing or you will be gambling that either there are other assets in the estate sufficient to pay claims or that you will have to pay the bills owed in order to acquire the home.
Answered on Dec 07th, 2011 at 12:50 PM
Glen Edward Ashman
You should see a lawyer who will first of all check the title and then can draft appropriate deeds and agreements.
Answered on Dec 07th, 2011 at 10:18 AM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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Frankly, the only way to transfer title of your grandfather's home to you is through a probate administration. The process under current law is efficient and does not cost an arm and a leg, provided everyone gets along.
Answered on Dec 07th, 2011 at 10:12 AM
The first step is to determine who (if anyone) currently has the legal authority to transfer the home to you. This depends on whether your grandfather left a Will or a Living Trust or a Beneficiary Deed. If he did not have any of these documents, then the statute would determine who his legal "heirs" would be. They would need to take the proper steps to transfer the house out of your grandfather's estate. I recommend that you speak with a probate attorney who can give you additional specific guidance.
Answered on Dec 07th, 2011 at 10:11 AM
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This is not a simple question. You need to run your grandfather's estate through probate. This will take time. Assuming that your grandfather died without a Will and was not married at the time of death, his children are entitled to share in the value of the home. Normally the house would be sold in probate and distributed to the children equally once the Estate closed. Most children are not willing to forego their inheritance to have a nephew take instead of themselves or their children. You should probably discuss the process with an attorney. You may not ultimately get the house unless you buy it.
Answered on Dec 07th, 2011 at 10:11 AM