Posted by Debbie/NJ on 3/28/05 5:55am
Msg #27971

Selling Property For Deceased Mother

I know that people on this board are not attorneys but I wanted to ask your opinion about my situation. My mother and step-father owned a home (both names on the deed). Step-father passed away years ago. Mother never changed the deed to be in just her name. Now mother has passed away. I'm the lucky one to be the Executrix! When we sell the home, will I have problems because both people on the deed have passed away? I have death certificates for both and the will indicating that I am the Executrix. What do you think? Thanks for your non-lawyer opinions.

Debbie

Reply by BrendaTX on 3/28/05 7:01am
Msg #27974

Non-lawyer opinion from Texas: It depends on descent and distribution/probate laws of NJ.

A good probate attorney will know exactly what to do.

Non-lawyer opinion in Tx law would be that if there is a will from Step-dad there would be no problem identifying who would have a share in the property and there would be a way to make it happen. Not changing the name on the property if there was a will from the step-father would just make one or more extra steps at this juncture but it can still happen.

If there was not a will from step-dad would make more steps, but the property can still be sold if there is agreement among those who would have a share of the property.

Again, a good probate lawyer will be invaluable in this situation.

Reply by Art_MD on 3/28/05 7:07am
Msg #27975

Had similar situation in family.
In some states, (my experience was WV) title has clause that title automatically passed to survivor. This made it easier to sell property since all that was needed to prove that the entire property was part of the last survivor's estate was a death certificate. This mcan get complex in different states.

Get an attorney, or at least consult with one. Money well spent.

Art

Reply by Shannon/Va on 3/28/05 10:56am
Msg #27998

Being a title examiner for 14 years, here is my opinion:
If title was taken tenants by the entirety with right of survivorship, the property automatically passed to wife when husband dies by operation of law, then the wife is sole owner.
Wife passes and has a will and leaves to daughter. Daughter can sell the property. OR will leaves property to no specific person, exectrix can sell the property.
This is in Virginia.
Ask your realtor and local title company contacts. Or of course an attorney.

Reply by Melody on 3/28/05 11:07am
Msg #28001

I would go down to the courthouse recorder's office and ask them. They are the ones who usually process deed changes.

Not giving legal advice, etc etc.

I would DEFINITELY consult a probate attorney. Many are vultures. Ask around for good referral. If you know an excellent accountant or tax attorney, they might be a good resource. Some tax attorneys also act as probate attorneys.

Reply by Debbie/NJ on 3/29/05 5:57am
Msg #28155

Thank you all for your advice/opinions. Sounds like (1) I shouldn't have any problems since step-father had will and since property passed to my mother as his wife and (2) I have both step-father's will and death certificate and mother's will and death certificate. But I will contact an attorney to make sure. Thanks again.

Reply by Paul_IL on 3/29/05 3:43pm
Msg #28307

Since you plan to sell the property you should contact a Realtor that has experience with estates. He or she will be able to answer your questions regarding the whole sale process. and will be with you throughout the entire process.