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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31011
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Twenty years ago we bought a house in Kansas and had my

Customer Question

Twenty years ago we bought a house in Kansas and had my father in law put it in his name. Since then he passed away 5 years ago but we are still making the house payments on a timely bases. We are looking at down sizing and need to know what to do in order to put the house in our name. Do we need an attorney and what can our options be
Thanks, ***** *****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If your father was the only person on the title to the property at the time of his death, then the property is now held by his estate......which means his heirs at law would now own the property (unless he had a will).

Expert:  Roger replied 1 year ago.

If there is no will, then your spouse and the other parent (if living) and other siblings would own the property.

Expert:  Roger replied 1 year ago.

Thus, if your spouse is not the only heir of the deceased father, you'll have to get each person to quitclaim (via deed) their interest over to you. Then, you'll have to open his estate for probate and to transfer the property from his estate to your spouse.

Expert:  Roger replied 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!