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Transfer deed from deceased parents to son

Posted on: 02nd Feb, 2009 02:50 pm
I live in Texas. My parents are deceased. No Will. They owned a home - clear deed - worth $35,000. Since my mother's death two years ago, I have paid the property taxes. I have another brother. He has no interest in the property and will sign it over. What forms do I need to transfer deed and can I do this on my own.
Hi !!

Nice to see you in the forum !!

schernandez, you've mentioned in the post that your parents are deceased and they haven't left any will that bestows the rights of the property to you brothers. in such a scenario, you need to to file an Affidavit of Heirship in the Probate court and get it signed by a judge. this will transfer the property rights to you and your brother.

Now, since your brother has no interest in the property, he will sign it over to you through, maybe, a quitclaim deed. Then you're gonna be the lone owner of the home.

This, however, is my personal suggestion and it's always better to consult an attorney.

Be cheerful & keep smiling.

God bless you.
Posted on: 02nd Feb, 2009 10:46 pm
Both of my parents are dead and I need to change the property deed to my name (non probate). I live in Santa Clara co. in California and so did they. Can I get a form over the internet to do this transaction.?
Posted on: 30th Mar, 2009 04:36 pm
Hi donna,

In order to transfer the property in your name, you will have to file an affidavit of heirship in the county recorder's office. Moreover, you need to submit the death certificate at the county recorder's office as well.
Posted on: 30th Mar, 2009 11:53 pm
my uncle's father passed away. he has a will but he is not on the property title. how can he go about transferring the title into his name he is the only heir. his mom passed over 10 years ago. and there is no siblings
Posted on: 27th Apr, 2009 06:50 am
Hi carmen,

Your uncle will have to probate the will first. Once the probate is complete, the will should be submitted in the county recorder's office. This will help him in transferring the property in his name.

Thanks
Posted on: 27th Apr, 2009 09:11 pm
Hi-my mom died in 11/2008 and she had an active mortgage; How can I get this transfered to my name? She had no will just a hand written letter stating her wfinal wishes, not notarized.
Posted on: 30th Jun, 2009 11:30 am
hi monica,

you'll first have to transfer the property in your name. in order to do this, you'll have to file an affidavit of heirship at the county recorder's office as your mother has not left a will.

once the property is transferred to you, then you can refinance the mortgage and pay off the debts.
Posted on: 30th Jun, 2009 09:12 pm
I live in a home in Texas that my parents own. Both parents are now deceased and the home was left to me. I have paid all mortgage payments and taxes for three years. There is still a morgage left. My credit is poor due to a divorce 3 years ago. How do I go about getting my name on the mortgage with poor credit?
Posted on: 01st Aug, 2009 09:34 pm
Hey guest,

With a poor credit you won't be able to refinance the mortgage and transfer the mortgage in your name. You'll have to improve your credit score in order to refinance the loan. To know about how to improve your credit score, check out the given page:
http://www.mortgagefit.com/credit-rating/credit-repair.html
Posted on: 02nd Aug, 2009 11:15 pm
My mother left me her property in a will with my brother she died 6/21/09. I am co-signer on a refi loan and my mother had a smaller line of credit loan. In order for me to get loans in my name i need to have my name on property deed. How do i proceed?
Posted on: 04th Aug, 2009 02:25 pm
Hi ersel!

Welcome to forums!

A query similar to yours has been answered in the given thread:
http://www.mortgagefit.com/propertytransfer/getloan-name.html#111881

Please take a look at it. I hope it'll help you.

Sussane
Posted on: 04th Aug, 2009 10:19 pm
California resident. Mom now deceased signed grant deed to son. Problem, county clerk doubt mom's signature. Person who notarized the signature deceased. What can son do now?
Posted on: 24th Jun, 2010 09:04 am
Hi dmibarra!

Welcome to forums!

The son should get in touch with a real estate attorney based in California and take his opinion in this matter. He will be able to guide the son as to what steps he needs to take in proving the validity of his mother's signature.

Feel free to ask if you've further queries.

Sussane
Posted on: 24th Jun, 2010 10:48 pm
Hi all! I am a Texas resident with both parents deceased and a only child. My parents took out a mortgage and left a balance but no will. I do not want to lose the property since it has been in the family for over 50 years. I was told by my mother that the mortagage company had some sort of insurance on the home that would clear living survivor of balance on loan...I have not found paperwork and the Lender denies any such insurance. How do I go about getting the deed in my name and am I responsible for the balance on mortgage even if my name is not on deed? All help greatly appreciated.
Posted on: 22nd Jan, 2011 07:43 am
Hi epena!

Welcome to forums!

You can get the property transferred in your name by filing an affidavit of heirship at the county recorder's office. If your name is not mentioned on the mortgage docs, then you're not personally liable for paying off the mortgage dues. But if you want to save the property, you'll have to pay off the dues. In such a case, it will be better if you could assume the mortgage or refinance it in order to transfer it in your name and pay off the loan.

Feel free to ask if you've further queries.

Sussane
Posted on: 24th Jan, 2011 09:15 pm
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