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transfer of property after a death

Posted on: 01st Feb, 2009 09:35 am
Hello,

My parents own a home without any mortgage or financial loans tied to the property. The house was purchased in 1989 under both parents with both brother and I as the surviving dependants.

Recently, my mother passed away and my father has been acting very strange, having provate conversations with my brother regarding the house without involving me.

I have lived with my parents for the last 9 years taking care of my mom through her Cancer and was responsible as her healthcare taker and also responsible for all funeral planning for both parents.

My brother lives out of state and has never been involve with any financial planning for either parents, however, since mom's death he has been calling dad at odd hours of the day when I am not around and I see changes in Dad's financial decisions afterwards.

I am afraid that he might be convincing dad to makes certain changes that where never agreed upon while both parents were alive. Most importantly, I want to check on the questions below;

1) I want to see if both my brother and I are still listed as hairs of the property and if we are, what can I do to make sure my credit does not get damaged if my brother uses the property as collateral for any debt that he would get into?
2) I want to know if my dad as changed the names of ownership after his death, now that the property is solely his.
3) If we are still under the property as hairs, how can I change it to be already included as co-deed owner to avoid paying more taxes as hair when dad dies.

Thank you

Leo
Welcome LeoComellas,

I suppose the best thing is to ask your father as to whether he has any plans regarding the property. Has your mother left behind a Will?

"I want to see if both my brother and I are still listed as hairs of the property and if we are, what can I do to make sure my credit does not get damaged if my brother uses the property as collateral for any debt that he would get into? "
Your credit won't get damaged if your brother defaults on a loan taken against the property as the collateral. Just make sure that you don't cosign on the loan or have the name in your loan.

"I want to know if my dad as changed the names of ownership after his death, now that the property is solely his. "
You can find out the owners on title by checking the public records at the County Recorder's office.

"If we are still under the property as hairs, how can I change it to be already included as co-deed owner to avoid paying more taxes as hair when dad dies."
If your mother has left behind a Will, it should be probated. Then property can be divided amongst the heirs as stated in the Will. If there's no Will, then you need to sign an Affidavit of Heirship in order to remove your deceased mother's name from the property and have all your names on the deed.
Posted on: 01st Feb, 2009 11:02 pm
Can ownership be transfered on property after someone dies. No mortgage
Posted on: 20th Jul, 2011 05:40 am
Hi Foreman,

Ownership can be transferred after a person is deceased. The heirs of that person can file an affidavit of heirship at the county recorder's office in order to get the property transferred in their names.

Thanks
Posted on: 20th Jul, 2011 11:21 pm
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