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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 92509
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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You are the heir to residential property through your mother

Resolved Question:

You are the heir to residential property through your mother (written will and court heir ship documents)....what has to be done to have the residential deed, which is recorded in your step father and first wife's name.....changed to your name?

If you sale the property, can the change be made at the time of sale?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

Are the stepfather or his first wife still living?

Are you saying that the property was somehow owned by your mother, but was titled to the husband and husband's ex-wife?

Doug
Customer: replied 1 year ago.

Yes. Her husband and 1st wife are on the recorded deed to the property.


 


All have passed away.


 


The residential deed was never changed to the husband and his current spouse.


 


The surviving heir was given the property through her mother's will. She is an only child.

Expert:  LawTalk replied 1 year ago.
I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your JustAnswer Account has not been charged for this conversation and your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.



Doug
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that the only way to change the deed to the proper heir names is through opening of probate. Because the deed is in your step father's name and his current spouse and was never changed over to your step father and your mom's name, this is going to be a major issue, since their estates are going to have to be probated as well and you are looking at 3 probates and the fact your step father never put your mom's name on the deed would mean that it would go to the heirs of your step father and his first wife by law unless he had a will that states his share went to your mom and in that case you would inherit that share of the property, but because the name of his first wife was on the deed as well, her heirs could have a claim as well.

I am afraid, that because multiple estates are involved and you cannot represent them pro se, without an attorney, this means that you will need to engage a probate attorney to file probate and get the deed cleared and placed in the name of the proper heirs.

I am afraid to say that just because your mom's will stated you get the property does not mean you will automatically get the property if she never received ownership rights in the property from your step dad because he never changed the deed to add her to the deed.



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Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 92509
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.