Posted on: 17th May, 2012 02:40 pm
My friends son passed away several years ago, his mother lived with him prior to his death and has paid the mortgage, property taxes, insurance, etc... on the property for almost 10 years. She is wanting to get the property in her name and Bank of America will not talk to her. Her son has a child who is almost 10 yrs old who lives with his biological mother. My friend says that she will do a will and live the property to her grand son, however can the 10 yr old son's mother take the home after she has paid the mortgage for over 10 yrs.?
Hi sinnann!
Welcome to forums!
If the property is in the deceased son's name, then the mother or the wife will have to file an affidavit of heirship at the county recorder's office and get the property transferred to their names. If the property is transferred to the mother, then she can draft a will and declare the grandson as her beneficiary. Unless the grandson turns adult the mother can take care of that property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If the property is in the deceased son's name, then the mother or the wife will have to file an affidavit of heirship at the county recorder's office and get the property transferred to their names. If the property is transferred to the mother, then she can draft a will and declare the grandson as her beneficiary. Unless the grandson turns adult the mother can take care of that property.
Feel free to ask if you've further queries.
Sussane
You must find out in the past people used to hire private detectives who usually work on hourly basis so they had to pay them heavily to get this information. In the age of technology there is no need to go to private detective because if you a credit card and access to the internet then you can even find out this while staying at home. There are several websites that provides the service of finding properties and their owners. They are associated with the organizations maintain public records. You can rely on the results provided by these websites as their database is usually updated on regular basis.
:idea:
:idea:
The Estate should have gone through Probate after he Passed ... that would have resulted in a clean Title. Now you're going to have to go through that process.
The property should go to his heirs, likely the wife. You will need a court order to transfer the property now, either through probate or affidavit of heirship. The mother who paid property taxes etc, can get reimbursed. She may also have a claim for "adverse possession". Check with a local real estate and probate attorrney.
Thank you Jheard for your opinion!! It's great to see you back in the forums! :)