Estate Law Questions? Ask an Estate Lawyer.
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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)?
We both own the home, we made a verbal agreement outside of probate.
he lives in Arizona and doesn't want to have any connection with the home, for tax reasons.
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.
I can get a Quitclaim through the court?
It will be for a non cash transfer.
then it becomes mine?
Being so close to the end of the year, what would this do to my taxes, and filing her estate?
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
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.
I am already. But i'd like to change it all into my name, currently the bills are still coming in hers.
So, it sounds pretty simple.
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.
Wow. Thank you!
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