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My mother transferred Lake Superior property to myself and 3 siblings several years ago. My brother passed away, did not have a will and was estranged from his wife and in the middle of a divorce when he died. Subsequently I have bought the 1/4 shares from another brother and sister. My sister-in law has not probated my brothers estate and the property is in my name and my deceased brothers only. How would she go about transferring the property to my brothers children who are both adults? Does she need to probate, is she able to just do a quit claim deed to the children?

Submitted: 166 days and 1 hours ago.

Category: Estate Law

Value: $28

Status: AWAITING CUSTOMER ACTION

State/Country relating to question: Minnesota

Answer

For real estate to be transferred there has to a probate proceeding. That is the only way. The divorce proceedings terminated with his death and she is entitled to her share of the estate. You will not be able to sell or transfer the property until his estate is settled.You really need to buy his share out rather than having to deal with other tenants in common.

Expert:	lwpat
Pos. Feedback:	99.1 %
Accepts:	1598
Answered:	10/6/2009

Attorney

Practicing attorney with extensive experience in wills, estates and trusts

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