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Ely
Ely, Counselor at Law
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Adult single daughter lives in paid home with widowed mother.

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Adult single daughter lives in paid home with widowed mother. Mother dies. The WILL gives the home to the oldest daughter, but the oldest daughter does not want the home. Can the paperwork change so single daughter can become the owner?
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.
Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



This depends - who are the beneficiaries of the estate? Is there a will and if so who gets what?



Customer: replied 6 years ago.

Hello,

Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

This depends - who are the beneficiaries of the estate? Is there a will and if so who gets what?

 

WILL ? Yes there is a will

There is only the house. It was totally paid in full in 1983. There are 5 additional brothers and sisters. The will states that the oldest gets the house. She lives in another state and she does not want the house. She has discussed this with the other siblings.

 

Expert:  Ely replied 6 years ago.
In this case, the oldest daughter has two choices.She can either not claim the gift, and in this case it would go back into the general pool of property and be divided in interest amongst the beneficiaries, OR she can accept it but then immediately 'quit claim' the deed to the single daughter. If this is the intended goal, then the 'quit claim' is recommended. Otherwise, the house would fall into general property automatically.

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