Posted on: 17th Nov, 2008 01:43 pm
My mother passed in June, she did not have a will. Everyone knew the house was to be left to my brother and I, we would like to put the home in our Father's name, he lives out of state and the were divorced. Is this something that can be done without him here, and how easy would it be?
Hi Tasha!
In order to transfer your mother's property to your name, you will have to file an affidavit of heirship. Once the property is transferred in both of your names, you can quitclaim a certain portion of the property and add your father to the property. There are some states which will require the grantee to sign on the deed. In that case, you will require your father's signatures on the deed. Moreover, you will have to notarize and record the deed in the county where the property is located.
Feel free to ask if you have further queries.
Sussane
In order to transfer your mother's property to your name, you will have to file an affidavit of heirship. Once the property is transferred in both of your names, you can quitclaim a certain portion of the property and add your father to the property. There are some states which will require the grantee to sign on the deed. In that case, you will require your father's signatures on the deed. Moreover, you will have to notarize and record the deed in the county where the property is located.
Feel free to ask if you have further queries.
Sussane
If a person dies without a will, the property interest passes to the hiers by "intestate succession" based on the laws of your state. If you are the undisputed legal heir by intestate succession, you can file an affidavit of heirship giving you the property interest. Otherwise you must go to probate court.
Consult with a probate attorney in your area.
Consult with a probate attorney in your area.
