My mother recently passed away and willed our family home to me. How do I go about transferring the property from her name to mine? Thanks!

Asked by Lucy5038, 19139 Sun Mar 28, 2010

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11
Hannah Angert, Agent, PHILADELPHIA, PA
Sun Mar 28, 2010
Hi Lucy5038,

These guys make this sound very complicated!

True, a Realtor is never a substitute for an attorney, so my advice is limited and I do encourage consulting an attorney or accountant. That said, settling this estate may be fairly simple.

Do you know if mom owned the house or had a mortgage or other loan on the property? Was she involved in any legal matters that may impact the home - liens, judgments, etc? Is the home willed to you exclusively or to you plus others? These are all things that could complicate what I say below, but generally speaking, this is what I think you'll need to do:

Take your mom's original death certificate and will to City Hall's Register of Wills to obtain "Letters of Testementary". Once you have thius document, you will be ready to put the house on the market and put the process of paying Estate Tax in motion. If Estate Tax isn't paid and recorded by the City and State prior to settlement, the title company will hold money from your proceeds at settlement and use it to pay the tax. They will hold MORE than the projected amount due (how much varies by title co). Once the taxes are paid and processed, the State will send a receipt showing a zero balance. After you have this important receipt will the title co. return the balance of proceeds.

Please contact me for further assistance with the sale of your mother's home in 19139; I think I can help make this an easier time for you.

Hannah Angert
Realtor Associate

William Festa Realty
3001 S. Sydenham St.
Philadelphia PA 19145

(215) 271-3000 office (ask for me!)
(215) 869-9571 cell
2 votes
T y so much you seem very nice! It's just so confusing and it's really hard because I just lost my best friend in the whole world!
Flag Sun Feb 28, 2016
robert peron…, Agent, Philadelphia, PA
Sun Mar 28, 2010
It Depends.

Are you keeping the home or selling it? Are you the administrator of the estate? Are there other heirs? Are there other assets? Have you filed Estate/Inheritance taxes? Is the property financed? Are there liens or judgments?

You can go online find a blank deed, fill it out on your computer, and record it at City Hall tommorrow. DON'T DO IT! You will screw yourself up! I've seen it a hundred times before. That is what we call a South Philly Estate and to Realtors it usually means a home that CAN NOT BE SOLD.

There are some good title companies that can help you if you are keeping the home. If you are planning on selling you can resolve the estate issues between the time you list and the settlement. Make sure you work with a Realtor who is experienced with estate properties.
2 votes
Hannah Angert, Agent, PHILADELPHIA, PA
Sun Mar 28, 2010
Given your update, Lucy 5038, I believe that you are ready to contact a title company to have the name changed on the deed & title to the home. If you plan to sell the home, this is not necessary.

What is the purpose of making the change at this time?

~Hannah Angert (prior entry below with all contact info.)
1 vote
I thought we had to t y for answering me! Have a wonderful day!
Flag Sun Feb 28, 2016
Anna M Brocco, Agent, Williston Park, NY
Sun Mar 28, 2010
Consider a consultation with an attorney specializing in Trust & Estates for all related paperwork--most professionals do offer a free consultation.
1 vote
Lucy5038, , 19139
Sun Mar 28, 2010
I'm actually the executor, and all the probate papers have been filed with the state. I'm just on my own with all this and not really sure what's what.
1 vote
Pat & Steve…, Agent, Westlake, OH
Sun Mar 28, 2010
Lucy:

I am a Realtor & an Attorney licensed only in OH, so I cannot represent you & do not represent you. My comments are only my personal opinions.

There may be some legal issues involved. Since your mom passed away with a will, there should be a case for your mom's estate going through probate. I'm sure you know who the Executor is handling your mom's estate & the Executor is probably working with a Probate Attorney. You really need to contact them for assistance as the transfer of the home into your name should be part of the Probate Process.
1 vote
Dallas Texas, Agent, Dallas, TN
Sun Mar 28, 2010
If the home is paid for WITHOUT a mortgage based on estate and will you can go to title company have it transferred to your name.

Title company will reconfirm if home can be transferred in your name if no other family members has rights to the property.

Sorry read about your Mother

Lynn911 Dallas Realtor
Web Reference:  http://www.lynn911.com
1 vote
What if the condo is paid off and their are no liens, etc but there are 4 of us siblings. I went to the surrogate office and got bonded (my mom did not have a will or spouse) so I will now be the administrator. We just want to transfer the names of the deed from my mom who passed and keep the house. I called the title company we used and they said we will need to get an attorney to prepare a new deed and have it recorded in the county. Is this true and is it expensive?
Flag Wed Jul 5, 2017
Maura Mcdonn…, , Philadelphia, PA
Sun Mar 28, 2010
Hi Lucy --

I have worked with clients doing the same exact transfer many times. If the paperwork / will and estate is set up properly you don't need an Attorney. It is actually done as a refinance with some additional paperwork --documenting the estate papers proving you are the heir. Call me and I can walk you through. I often work in conjunction with the executor of the estate to get the proper paperwork. I can be reached at 610-291-1460.

Maura McDonnell
1 vote
Gerard Dunn, Agent, Chevy Chase, MD
Sun Mar 28, 2010
This process will be part of her estate settlement.

Find out who the executor of her estate is - and work with them to facilitate the transfer.

An appraisal of the property will be done to determine current value.

The property will transfer to her assigned heirs at the current value - not the existing basis of the property.

Of course - check with an attorney so I don't go to jail - and you get accurate advice for your jurisdiction.

Good luck!
1 vote
Christopher…, Agent, Methuen, MA
Sun Mar 28, 2010
Hello Lucy,

I recommend that you consult with an attorney familiar with estate matters. It may require court action to transfer the property to your name.
1 vote
Mary Fugarino, Home Buyer, Philadelphia, PA
Sun Feb 28, 2016
T y so much I didn't think anyone would care and answer me back! We want to stay here this is where we've been living! T y again have a nice day!
0 votes
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