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My dad passed away without a will. I want to put the house in my name, but I have two brothers. One signed a quitclaim, the other is MIA. So legally, I own 2/3 of the house right? Can I just buy the other 1/3 out? I can't contact him at all. I really want to get this settled because I am in poor health myself.
13 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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At this point, if I understand you, there has been no administration of father's estate so the house is owned, of record, by your father. You will have to administer his estate (probate, but, since no will, different terminology). Probably best to get your one brother to disclaim his interest in the estate or give you a new deed transferring his interest in the property to you, although the quitclaim you have might work. There is no alternative to making a reasonable attempt to reach your other brother; and, if you can't reach him, and you can't prove he's dead leaving no heirs, then he owns 1/3 of the property.
Answered on Dec 11th, 2013 at 5:04 AM
Was the estate probated? If the deed is in your father's name and the only heirs are his three sons; then more than likely the three sons would have title. But without the probate administration of the estate, you will not be able to change the deed. As far as buying out your MIA brother. Doesn't happen that way. You might be able to sell the property by probate court order and escrow the MIA's interest.
Answered on Dec 05th, 2013 at 9:50 PM
Record the quit claim deed if you have not already done so. Then, keep paying the taxes and other expenses on the house. You can file a lawsuit to quiet title.
Answered on Dec 05th, 2013 at 9:34 PM
You need to go through probating the Will because it is necessary to cause a transfer of the title to the house. If the house is worth less than $100,000 you could use a small estate probate. Since the other brother exists, you merely can not find him and do not believe he is dead, you can not get the other portion of the house without contacting him and getting him to transfer his interests to you. You would probably have to undergo a partition action which can be expensive [$15,000 if contested]. If your other brother quit claim the property to both of you, then you would own only 50% and not 2/3rds of the house; if he specifically quit claimed his part to you then you would own 2/3rds with your missing brother jointly owning the rest. You need to see an attorney who handles estates and trusts to get the details worked out. Trying reading a book in layman's language, such as those by Nolo Press, so you know a bit of the law and know what questions to ask the attorney.
Answered on Dec 05th, 2013 at 3:09 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate lawyer to file a petition into a short probate based upon your affidavit of the facts to obtain an order from the court to award you the title to the property.
Answered on Dec 03rd, 2013 at 7:27 PM
If the house is in your father's name, you will have to probate the estate. .
Answered on Dec 03rd, 2013 at 7:26 PM
Thomas Edward Gates
You must use reasonable meas to locate your missing brother. If necessary, you may have to get a court order to declare him deceased. However, if he has family, his children would normally be due his share. Your other brother could not have legally Quit Claimed his share, since the grantor(your dad) never transferred his interest to him. You need to be appointed the Administrator of your dad's estate to do so.
Answered on Dec 03rd, 2013 at 7:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sorry, but you really need to open a probate estate and go through the proper procedures. Contact a local attorney and he or she will help you figure out what you need to do.
Answered on Dec 03rd, 2013 at 7:25 PM
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You will need to file a Petition for Probate to ever transfer title to yourself or anyone else. Through the probate process you try to give your brother notice and get court approval to buy his share from the estate. If he cannot be located his share will go to the State of California as unclaimed property until he shows up. This is a process that will definitely require an attorney so I suggest you contact one as soon as possible. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
Answered on Dec 03rd, 2013 at 7:24 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If the house is still in your father's name, you will need to go through probate in order to get title. You may be able to buy out your other sibling, but he is not obligated to sell.
Answered on Dec 03rd, 2013 at 7:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, you will most probably have to do this through the probate court.
Answered on Dec 03rd, 2013 at 7:23 PM
Edwin K. Niles
It sounds as if you need to open a probate.
Answered on Dec 03rd, 2013 at 7:23 PM
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Your father's estate needs to go through probate. I urge you to meet with an attorney. 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.
Answered on Dec 03rd, 2013 at 7:22 PM