QUESTION

My mother passed away. The house we live in is in her name. She did not have a will, how can I now put the house in my name? I do have other siblings

Asked on Aug 24th, 2011 on Estate Litigation - South Carolina
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Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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If your mother was not married, it is most likely you and your siblings are going to inherit her estate in equal shares, including the house. This can only happen when one or all of you hire a lawyer to open a probate in Court. You must open probate to determine who inherits, but from the few facts presented, you will not obtain title to your mother's house without the participation and agreement of your siblings. It would be best to hire an experienced estate attorney to help you through the court filings and procedures. Each state has laws about how property is distributed when someone dies without a Will. Each state also requires a court to process that person's belongings so a judge can order who now inherits or owns the property.During the probate process a judge will order the titles to everything your mother owned (whether by deeds, contracts, or joint ownerships) to be put into the names of the people your state's law says can inherit. Only when the judge orders the retitling can property of any kind - a house, car, bank account, art collections, etc. - be owned by someone besides the person who died while owning it.So, you see that you are not able to just put the house in your name. You must file probate for your mother's estate so the judge can make the required court order that each item of her property goes to the person(s) your state law says are to inherit. Please see a local estate attorney for help with probating your mother's estate. Next, spend some time with your attorney to make your own estate plan, because you can prevent your family from having to go through the time and expense of probate. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com
Answered on Sep 02nd, 2011 at 12:39 PM

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