QUESTION
I am the administrator of my mothers estate. Everything is to be equally split between the 3 children. Can i put her house in my name?
Asked on Sep 28th, 2020 on Estate Planning - Massachusetts
More details to this question:
My mother passed and we found a very old will that appointed my father (who has already passed) as executor and then my uncle (who has waved rights and appointed myself as a replacement) I have a brother and a sister and in the will everything is to be divided equally. Everything has been divided equally but we still have her house. My brother lives a few states away and my sister and I have been taking care of the house. Am I able to put the house in my name because I am the administrator? I’ve had problems switching over insurance policies because it’s technically not ‘owner occupied’ and just think it would be easier to get it out of the estates name. There isn’t much left in the estate and my sister and I will be taking over paying and maintaining the house. Is it possible to do this?
1 ANSWER
2 Awards
No. The house is not yours. As your probate attorney should advise you, you should either (1) sell the house and, after paying the estate's debts, distribute the net proceeds three ways or, if it is not necessary to sell the house to pay the estate's debts, (2) file a Distribution Deed (formerly called an Executor's Deed) distributing the ownership of the house to you, your sister and your brother equally. After that, your brother may choose to sell or gift his interest to you or your sister. Another deed must be filed to accomplish this.
Answered on Sep 29th, 2020 at 7:17 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.