Saturday, January 4, 2014

my mother willed her house to my brother. he filed it with probate but never changed name on deed. he passed away. who's estate owns the house

Question

my mother willed her house to my brother. he filed it with probate but never changed name on deed. he passed away. who's estate owns the house



Answer

Thank you for your question, and please accept my condolences on the passing of both your mother and your brother. It seems to me the appropriate thing to do would be to effectuate the transfer of your mother's home to your brother - or his estate - and then transfer ownership of the home according to your brother's will or the laws of intestacy. I have some important questions. Was your brother the executor of your mother's estate? How did your mother own the property at the time of her passing? Why was the property never actually transferred into your brother's name? Please give our office a call if you would like to inquire about representation. Untangling this may be more difficult now, but surely can be done.



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