If my mother died without a will, can the deed be put in my name?

Question

My mother passed without a will. I am the only child. There are liens against the house for creditors. I want to take over the house. House is paid in full. Taxes are due. If I pay the taxes, can the house be deeded to me? What about the liens?

Robert Long · Answer

In California, if the property is valued over $150,000.00 a court probate proceeding is required unless you were on title with her as joint tenants with the right of survivorship. If you are a surviving joint tenant, you need only prepare and record an Affidavit- Death of Joint Tenant. If the value is under $150,000.00, there is an expedited court procedure under Probate Code section 13150 et seq.

Victor Waid · Answer

Suggest you obtain an attorney to file a petition in probate which will be required to obtain the deed into your name.

Mark T. Peters · Answer

I suggest you open a probate estate and gather up all of your mom's assets.  Since the house is paid in full, the estate probably does not qualify as a small estate.  Then you must satisfy the creditors.  Since there are liens on the house, you have one of two possibilities.  Sell the house and pay off the liens.  Borrow money, using the house as collateral if necessary, to pay off the liens.  Then as personal representative, you issue a deed to yourself.

James Weiner · Answer

Generally your mom's debts have to be paid from the equity in the estate. so if you want the house you will take it subject to the creditors liens.

Edwin K. Niles · Answer

Paying taxes has nothing to do with title.  It sounds as if you will have to go through probate to transfer the property.  See a probate lawyer.

Nathan Wagner · Answer

Paying the taxes will not put the house in your name. Your mother's estate will probably have to go through probate in order to transfer the property to you. The liens should be taken care of in probate. You should talk to a local probate lawyer about your situation.

Brian Haggerty · Answer

You will need to administer your mother's estate. As Administrator, you will be able to make a deed transferring the house to you. You will take subject to the liens, unless they can be paid.

Dara J. Goldsmith · Answer

The asset needs to go through probate and debts need to be paid before you receive clear title.  You should address the liens with an attorney to determine if they need to be paid, or if you take the property subject to the lien (with the lien).  This information is only intended to give general information in response to an inquiry.  It does not establish an attorney client relationship.  T

James Frederick · Answer

You can get the house titled in your name, but the only proper way to do that is through probate proceedings. Assuming your mother was not married at the time of her death (and the title to the property was in her name alone), you would be the heir. Probate is not the nightmare that many people make it out to be. It would still be best to hire an attorney to assist you, or at least to determine what is necessary to probate the estate.

Thomas Edward Gates · Answer

All taxes and liens must be paid to all creditors.  Once paid, the remainder of the estate may pass to the beneficiary. If the estate lacks cash to pay the creditors, the ouse must be sold to generate the cash to pay them.  Another alternative is for you to paid the creditors personally.

Andrew Carrington · Answer

A probate petition must be filed in order to transfer the title of the property from your mother's name to yours.  However, you will take the property subject to all of the liens, including unpaid property taxes.

Randall Romei · Answer

If the decedent had no will the decedent's estate passes according to the statute on descent and distribution.  If no spouse is alive at the time of death, the entire estate passes to the descendants of the decedent.  The estate is divided equally among the children, if any.  As the only child you would receive the entire estate.  A probate should be opened and you should be appointed as the representative.  After the creditors of the estate are paid, you could be deeded the real property and any other assets in the estate.

C. Hamrick · Answer

FOR WEST VIRGINIA ONLY: If a parent dies without a will and owns real estate, the real estate still goes to the children at death. However, the child needs to administer the estate at the fiduciary supervisor's office at the local county commission offices, to have the title to the property transferred to the child.

Bernard H. Greenberg · Answer

Your mother's probate estate will need to be opened in order to transfer title to the property. The liens will need to be satisfied.

John Brennan · Answer

You had better see an attorney, generally any liens secured by the house will continue to be enforceable and in effect.  The house is the property of your mother's estate, you'll have to open a probate in order to attempt to transfer title.  Your payment of the taxes will not act to transfer the title of the property.

Christine James · Answer

All taxes will certainly need to be paid to avoid losing the house.  It is unclear what the other liens are if the house is paid in full, but they will have to be paid in some way.  The only way to transfer the property is through a probate process.  If the value is less than $150,000, you can use a summary proceeding.  If more than $150,000, you will need a full probate.  Speak with a probate attorney to figure out what you need to do.

James E. Reed · Answer

You will need to probate her estate.

Jayne Sebby · Answer

Your late mother's debts must be paid from the assets of the estate.  If the only significant asset of value is the house, usually creditors will demand that it be sold.  Hence, the liens.  However, if you have the money to pay off the liens or can obtain a loan to do so, you can work with the creditors to allow you to inherit the house.  Be aware, however, that doing so may require you to pay off all of your mother's other outstanding debts (those who don't have a lien on the property), the taxes due on the property, and any inheritance taxes the state may impose.

Sabina Tomshinsky · Answer

It depends if the house is your mother's homestead  property. If it is, then there should still be a petition to determine homestead status of real property filed. I urge you to consult with a probate attorney in your area for further guidance.

Steven Fluhr · Answer

Most liens run with the land. This is another way of saying that you cannot avoid paying the liens. You can have the house transferred to you. You will need the help of an attorney to do so.

David Leon · Answer

Yes, you can put the title of the house in your name. However, how to address these cases is fact specific. What kind of liens? (tax? judgment?) Also, did your mother have other assets (bank account, car, etc.)?

Ben Liu · Answer

You will have to probate the estate. As the only child you will get all of the estate. But the liens and taxes will attach to the house.

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If my mother died without a will, can the deed be put in my name?

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