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How to transfer preperty owned by deceased brother?

Posted on: 02nd Dec, 2009 02:06 pm
our eldest brother passed away in toledo where he owned his home. my sister is his executor and does not want the responsibility of renting the house. that will be my task. our mother is still living and at the age of 81 she does not want the task either. the home is still in my brothers name and we would like to put it in my name even though my sister is the executor. i called the loan company that sent the letter stating the home loan has been paid in full and they said we would have to refinance the home to put it in my sisters name and then i would have to refinance to have the home put in my name. my sister and i reside in houston, tx. our mom is in ft. wayne, in. please give me advice on what to do. thank you so very much!
"the loan company that sent the letter stating the home loan has been paid in full...said we would have to refinance the home...and then i would have to refinance..."

sorry, but that makes no sense at all. is there a mortgage or not? if there is no mortgage, then there is naught to refinance. and any lender who would have made any such remarks concerning your need to refinance in the process of changing title is not much of a lender, nor does that firm have much of a grasp of reality, it appears.

why don't you go get a lawyer in the toledo area to assist you in this messy business? i know you'll have to rely on someone far away, but there's no way you can do this from texas, comfortably. and your mom's proximity to toledo isn't of any benefit.

if you're incorrect in what i quoted above, then i owe the lender an apology; but then it makes no sense to put you through two refinances. inasmuch as there's an estate, decisions can be made that wouldn't force you to have your sister become an owner prior to your undertaking ownership.

no, i am not a lawyer - do not take this opinionated post as legal advice. it's strictly my opinion.
Posted on: 02nd Dec, 2009 02:12 pm
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