QUESTION
My mother died 10 yrs ago without a will and my older brother still lives in her home how can he get a deed for the house in his name?
Asked on May 13th, 2013 on Estate Planning - Colorado
18 ANSWERS
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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If the house was only in your mother's name, the house will have to go through probate. If the house has a small enough value, it can pass by a simplified probate procedure but court approval of the transfer is required. Note also that if your mother passed without a will, all of her children will inherit equally, pursuant to the laws of intestacy. I strongly suggest you contact a lawyer to help you with this.
Answered on May 16th, 2013 at 7:17 AM
The house has to go through probate in order for a change in the title to occur. But if there was no will then the house would go equally to the surviving children, presuming your father had already died. His living in her house gives him no greater rights to it then the other children, even if he paid all the taxes, mortgage, etc. You would have an equal right to live there as he has. It is cheaper if you can work out some mutually agreeable compromise so as to above the costs of a probate administrator, who may costs in excess of $20,000.
Answered on May 16th, 2013 at 6:30 AM
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I suggest you meet with an attorney and address the objective you want to achieve.
Answered on May 16th, 2013 at 6:19 AM
Thomas Edward Gates
Someone needs to be appointed Executor of the Estate. Once appointed, the Personal Representative can issue a Personal Representative Deed transferring the property.
Answered on May 16th, 2013 at 5:46 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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First, find out who has title to the property under the most recent deed. Assuming that the deed names only your mother, you will have to get a probate court to transfer the property (and the rest of your mother's estate, if there is any other property) to her heirs. If all of the heirs want your brother to have the house in his name alone, all of you could "disclaim" the property, allowing it to pass to him. If you do not disclaim, each of the heirs would receive a percentage of the property.
Answered on May 16th, 2013 at 5:44 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If he lives there for 15 years and claims it is his he might be able to get a title.. You really need to contact an attorney to investigate this thoroughly.
Answered on May 16th, 2013 at 5:12 AM
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You will need to go through probate. Speak with a local probate attorney. Christine James CONFIDENTIALITY NOTICE. This communication contains information which (a) may be legally privileged, proprietary in nature, or otherwise protected by law from disclosure, and (b) is intended only for the use of the addressee/s named. If you are not the addressee, or the person responsible for delivering this to the addressee/s, you are hereby notified that reading,copying, or distributing this communication is prohibited.
Answered on May 16th, 2013 at 4:38 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It must go through probate.
Answered on May 16th, 2013 at 4:35 AM
Sanford M. Martin
Filing in local probate court is the requirement.? If the deed is in only her name, there is no alternative.? Perhaps he has been paying real estate taxes and insurance that is in her name, which is not advised. He cannot leave house to another person or sell it until it goes to probate which should be a simple case except for proving that he is the rightful heir to the house. Realize that if she left no will, he is not likely entitled to 100% of the house if she had other children, including yourself.
Answered on May 16th, 2013 at 2:24 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe he lied to somebody. Why didn't anybody else start a probate proceeding? Talk with an attorney, because there are too many questions that need to be resolved.
Answered on May 15th, 2013 at 7:12 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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He must first probate the Estate.
Answered on May 15th, 2013 at 7:02 PM
The property must be probated. You should consult a probate attorney to review all of the facts and advise you.
Answered on May 15th, 2013 at 7:00 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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He could file a suit to quiet title based on adverse possession.
Answered on May 15th, 2013 at 6:54 PM
You will need to probate her estate.
Answered on May 15th, 2013 at 6:53 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Is he entitled to one? Your mother's estate needs to be probated; property should pass as in the will or, if no will, by intestate succession.
Answered on May 15th, 2013 at 9:48 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Brother will need to file a petition to probate the estate. Advise you to obtain the assistance of probate attorney, to file a petition on affidavit to obtain an order putting the property into his name. The process is very short and very limited.
Answered on May 15th, 2013 at 8:56 AM
Real Estate Attorney serving Honolulu, HI
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Zahaby Law Offices
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You will need to go through Probate.
Answered on May 15th, 2013 at 8:56 AM
If she died with the house in her name, her estate will need to be probated.
Answered on May 15th, 2013 at 8:51 AM