Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Is the property still in father's name?
Did father die with a will in place?
Has anyone probated his estate to settle it?
Ok, so I am going to assume that the answer to my question is "No", no one has ever filed a probate case to settle father's and mother's estate...
If that is the case, then someone would have to do so in order to transfer the property out of father and mother's names. Once the probate case is filed, brother could sign a written disclaimer of any interest in that property and waive any ownership rights to it. Once that was signed and notarized, it would be legally binding and you could then transfer the property directly to yourself (assuming that you were the Administrator of mother and father's estates).
As for the lien, once that property was in your name, you can file a "quiet title" action in court to have any liens judicially dissolved as invalid and have the judge order that you have clear title to the property.