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Al, Home Seller in Williams, CA

I purchased a home for my mother who has passed. How do I get my nameon the deed to sell it.?

Asked by Al, Williams, CA Fri Aug 31, 2007

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Great question Al. Did your mother leave a Will? Is your name on the Deed along with hers? If not please read and call your attorney. If you need someone who is good please contact me for a list of real estate attorneys.

If you die without a will (known as "intestate"), the state, and not you, will decide how your property is to be distributed. In many states, your property will be distributed as follows: First, all of your joint property will pass to your spouse (if you have one). Second, your separate property will pass according to these rules:
If you have a spouse, your spouse receives:
All of your property if you leave no children, parents, siblings, nieces or nephews
Half of your property if you leave one child or one or more parents, siblings, nieces or nephews
One-third of your property if you leave two or more children
All property not given to a spouse is distributed to the following persons, in this order:
Your children
Your parents
Your brothers and sisters, or, if they are not living, their children
Your grandparents, or, if they are not living, their children (i.e. your uncles and aunts)
Children of your deceased spouse
Relatives of your deceased spouse
The State of your legal residence
Web Reference: http://www.agentjustin.com
1 vote Thank Flag Link Fri Aug 31, 2007
Al:

Transfer of assets is handled by the probate court. The state laws where your mom lived dictate who gets the property. If your mom passed on intestate, then the law usually gives the survivng spouse 1/2 and the other 1/2 is divided equally amoung the children. If you are the only heir then it should be easier for you to obtain 100% of mom's assets. If mom passed on testate and named you as the heir of the property, then the probate court would award you the property barring any contentions to your mother's will.

You really don't need an attorney to process a probate unless there is a contention to the will. The attorney can't change the deed, only the probate judge can.
0 votes Thank Flag Link Sat Sep 1, 2007
If you purchased the home from your mom did you use a Title Company to do the documentation? If so a grant deed should have been recorded. Also, if you financed the loan with a lender title would have put it in your name.

If it was a private sale without a title transfer you will need to consult with an attorney.

Did you mom pass away with a will or a living trust? Are you the only heir or was the property names in the will?

If a deed was recorded you are good to go! Good luck.
0 votes Thank Flag Link Fri Aug 31, 2007
Pam Winterba…, Real Estate Pro in San Ramon, CA
MVP'08
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Al
First, did your mother leave a will?
Second, review it with an attorney. Either way...
Third ,when a property changes ownership, the purchaser needs to select the method of tenancy.
Could it be you are on title and are unaware?
A good probate attorney can help you
I'm not attorney...although I do play one on TV.
Keith
0 votes Thank Flag Link Fri Aug 31, 2007
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
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If you purchased the home for your mother, why is your name not already on the deed? Who are your mother's heirs? Are you the sole heir or are there others? The answer to your question depends on too many things that we do not know. My suggestion would be that you consult with an estate planning/probate attorney
Web Reference: http://www.go2kw.com
0 votes Thank Flag Link Fri Aug 31, 2007
Ute Ferdig -…, Real Estate Pro in Newcastle, CA
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