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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6516
Experience:  Wills, Trusts, Probate & other Estate Matters
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My mom passed away in June of this year. Her will left everything to my brother and I, and

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My mom passed away in June of this year. Her will left everything to my brother and I, and the will went through probate and was discharged at the end of September.
We agreed that I should get the house as part of our joint agreement to split the estate. I am living in the house currently, and it's in Massachusetts.
The house is mortgage free.
What do I need to do to transfer into my name?

Thomas McJD :

Hi, I'm Thomas and will be happy to assist you. My goal is to make you a very satisfied customer! Thanks in advance for your patience.

Thomas McJD :

Did the decree in the probate indicate that you had reached an agreement to take all ownership of the home or did it say both of you own the home (and you and your brother made the agreement outside of probate)?

Customer:

We both own the home, we made a verbal agreement outside of probate.

Customer:

he lives in Arizona and doesn't want to have any connection with the home, for tax reasons.

Thomas McJD :

Okay, then once the probate decree is recorded with the county clerk/recorder of deeds, you both legally own the home. To put ownership only in your name, then your brother will need to deed the property to you via quitclaim, special warranty deed, or warranty deed. Quitclaim is generally the one used for a non-cash transfer. You then would need to record the original deed with the county clerk/recorder of deeds.

Customer:

I can get a Quitclaim through the court?

Customer:

It will be for a non cash transfer.

Customer:

then it becomes mine?

Customer:

Being so close to the end of the year, what would this do to my taxes, and filing her estate?

Thomas McJD :

No, a deed is not something you do through the court. You can find a form online either free or through a paid site such as legalzoom.com, rocketlawyer.com, or uslegalforms.com

Thomas McJD :

It doesn't affect your income taxes. The due date for property taxes may be coming up soon and you would need to pay property taxes if that is the case.

Customer:

I am already. But i'd like to change it all into my name, currently the bills are still coming in hers.

Customer:

So, it sounds pretty simple.

Thomas McJD :

Once the decree and deed are recorded, the taxes should be in your name. You can contact the assessor's office if not and let them know of the transfers. Yes, it really is fairly simple.

Customer:

Wow. Thank you!

Thomas McJD :

You're welcome. Thank you. I would be grateful if you could please leave me a positive rating for my assisstance. Thanks.

Customer:

I will.

Thomas McJD :

Thank you. Have a great evening.

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