How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 53954
Experience:  29 years of experience practicing law, including tax and estate planning.
17027240
Type Your Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

My mother died in January of 2007. Her will named me as her

Customer Question

My mother died in January of 2007. Her will named me as her executor and my sister and I as inheritors. I did get a letter naming me as executor but I just never did anything else. She had two properties, one with a mortgage which I have continued to pay and which my sister has been living in, one which was free and clear and whose property taxes I have paid. I actually have NO clue how to get these properties transferred to our names or how to sell them.
Submitted: 1 month ago.
Category: Estate Law
Expert:  Richard replied 1 month ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Customer: replied 1 month ago.
OK
Expert:  Richard replied 1 month ago.

This is a pretty simple process. You will simply sign a quit claim deed for each property as the executor of your mom's estate transferring an undivided 1/2 interest to each you and your sister. You would put your mother's name as the grantor as follows: "[Your mother's name], Deceased." You would sign this Deed , have it witnessed and notarized, and then record it in the real property records of the city/county where the property is located. Let me know if you need a form for the Quit Claim Deed.

You would sign it as follows:

"Grantor: [Your Mother's Name], Deceased

By___________________________

Name: [Your Name]

Title: Executor of the Estate of [Your mother's name]

You need not worry about the mortgage on the one property; Federal law prohibits the lender from accelerating the loan as long as payments are made timely. Specifically...

“12 U.S. Code § 1701j–3 - Preemption of due-on-sale prohibitions

(d) Exemption of specified transfers or dispositions

With respect to a real property loan secured by a lien on residential real property containing less than five dwelling units, including a lien on the stock allocated to a dwelling unit in a cooperative housing corporation, or on a residential manufactured home, a lender may not exercise its option pursuant to a due-on-sale clause upon—

(5) a transfer to a relative resulting from the death of a borrower;

(6) a transfer where the spouse or children of the borrower become an owner of the property;”

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!