Posted on: 10th Oct, 2009 11:46 pm
my mother gave me and my husband a house we have the deed in our name since. the house was in my mother and father name. he is deceased. i was told the sibling have an interest in the house one sibling is deceased. I was told i need a warranty deed for the living siblings and affidavit of heirship for my deceased sibling because of her kids. i was trying to get an equity loan on the house. Can i file an affidavit of heir ship and what is it and what is a warranty deed
affedivit of heirship is a document which needs to be prepared to remove the name of deceased and add name of heir.
your mother will become owner by filing affedivit of heirship. then she can quit claim deed it to you.
your mother will become owner by filing affedivit of heirship. then she can quit claim deed it to you.
Hi dorisblue,
If the original owner dies without a will, the heirs need to file an affidavit of heirship with the probate court. This removes the name of the deceased owner and divides the property among the heirs as per the laws of intestacy. A warranty deed, on the other hand, transfers the property directly from one person to another, eliminating the need for a probate.
Your mother has given you and your husband the title to the home and both of you are on the property deed, right? If this is case, then how do your siblings have an interest in the property? They have neither been given the title, nor are they listed on the deed. They do not seem to have any right to claim an interest in the house.
If the original owner dies without a will, the heirs need to file an affidavit of heirship with the probate court. This removes the name of the deceased owner and divides the property among the heirs as per the laws of intestacy. A warranty deed, on the other hand, transfers the property directly from one person to another, eliminating the need for a probate.
Your mother has given you and your husband the title to the home and both of you are on the property deed, right? If this is case, then how do your siblings have an interest in the property? They have neither been given the title, nor are they listed on the deed. They do not seem to have any right to claim an interest in the house.