Posted on: 29th Jan, 2010 01:20 am
My father passed away unexpectedly without a will but the only asset he had was some property. My parents divorced 26 years ago. But on his property taxes my moms name still exists. She is remarried. My father wanted the property to go to me and my mom also wants it to go to me. Does this mean she can take ownership of it because her name was on the property still? and then transfer ownership to me? This will avoid probate? Any help would be appreciated?
Hi klcurtis,
You will have to file an affidavit of heirship with the probate court as your father left no will for the property. The court will determine how the property should be divided as per the laws of intestacy.
However, you can check the title to the property and see if your mother's name still shows there. If she is listed as a joint tenant with the right of survivorship, she will get the entire ownership of the property. There will not be any need for a probate in such a scenario and she can transfer the property to you.
You will have to file an affidavit of heirship with the probate court as your father left no will for the property. The court will determine how the property should be divided as per the laws of intestacy.
However, you can check the title to the property and see if your mother's name still shows there. If she is listed as a joint tenant with the right of survivorship, she will get the entire ownership of the property. There will not be any need for a probate in such a scenario and she can transfer the property to you.
another thing i just found out.. so i was wondering does this matter or what takes precedence? help please :)
i forgot to include that even though my mothers name still exists on the taxes for the property and the old warranty deed, that upon divorce the court awarded my father the property. Will this make a difference? Im still not sure if shes listed as joint tenant. Im waiting to find out.
also, if this goes into probate and they try to make me sell to pay creditors, is there anything my mom can do since her name is still on the property even the the courts awarded it to my father?
I just want to save the property :( It was my fathers only real possession.
Thanks...
i forgot to include that even though my mothers name still exists on the taxes for the property and the old warranty deed, that upon divorce the court awarded my father the property. Will this make a difference? Im still not sure if shes listed as joint tenant. Im waiting to find out.
also, if this goes into probate and they try to make me sell to pay creditors, is there anything my mom can do since her name is still on the property even the the courts awarded it to my father?
I just want to save the property :( It was my fathers only real possession.
Thanks...
Your Father's Estate must go through Probate, because he didn't have a Will or Living Trust. Your Mother won't be involved because she's only mentioned on the Propety Taxes, not the Title. If you made a mistake, and she's actually on Title, then she's the owner of the property. If your Mother wants the house, and you want it too, you have a right to "challenge" during the Probate process. However, if she's on Title, the two of you can make it so it goes to you during the Probate process. The bottom line is, Probate needs to happen, and as long as everybody gets along and agrees, nobody will have a problem with the distribution of your Dad's Estate.
