Posted on: 18th Jan, 2007 09:35 pm
In 2001, my mother filed a quick claim deed to add my name to the deed of her home (which is paid for). Her will also states that upon her death I am to receive the house. My brother and sister have always been aware of this. At this time I am to buy out my brother and sister. This has already been set up and/or arranged. She (my mother) wanted to avoid probate.
Recently, my mother has passed. What procedure do I need to follow in order to get my mother's name removed from the deed and have someone else added? I have called the lawyer that helped to file the deed before and he has mentioned something about possible having to file an Affidavit as to Heirs. This does not sound right to me.
Thank you
Recently, my mother has passed. What procedure do I need to follow in order to get my mother's name removed from the deed and have someone else added? I have called the lawyer that helped to file the deed before and he has mentioned something about possible having to file an Affidavit as to Heirs. This does not sound right to me.
Thank you
If there is already a Will, then you can take help from an attorney and distribute property through probate.
Hi JD,
Welcome to forums.
I think your lawyer is correctly guiding you. The affidavit of heirship is used to transfer property of a deceased person to his/her heirs when the deceased person does not have Will or when he has left a Will but her heirs do not want a probate to be carried out on the Will.
The affidavit of heirship will allow you to remove a deceased person's name from title and add your name on it.
Thanks,
James.
Welcome to forums.
I think your lawyer is correctly guiding you. The affidavit of heirship is used to transfer property of a deceased person to his/her heirs when the deceased person does not have Will or when he has left a Will but her heirs do not want a probate to be carried out on the Will.
The affidavit of heirship will allow you to remove a deceased person's name from title and add your name on it.
Thanks,
James.