Accepted Answer

Thanks

Ok...this would be an issue. If the property was in dad's name only, then mom would need to probate the estate to have title transfer. Now, she can still do this...or anyone can probate the estate...but that will have to be done to transfer title. If its in dad's name, mom can not give it away...she has not authority to.

It may be worth contacting a local estate attorney to discuss if there is anyway to challenge mom's transfer of this property (that she does not own). However, like I said, this can be fixed by simply probating the estate (dad's) which would (if the will provided this) allow title to transfer.



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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Expert:	psimmons
Pos. Feedback:	94.3 %
Accepts:
Answered:	11/4/2009

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