How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7408
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
18215332
Type Your Estate Law Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

I was willed a piece of property from a deceased brother and

Customer Question

I was willed a piece of property from a deceased brother and I want to put my name on my portion of the land. One of my siblings who also was named in the will passed recently and he had a live in girlfriend who will not cooperate with signing a disclaimer and I want her to show proof of a marriage which she cannot because they were not married. What is your advise?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

When one inherits property, the way their "name is ***** ***** the property", is a complex issue involving the distribution of his estate. Generally, the executor of the estate whose duty it is to carry out the terms of the will, issues deeds to those who inherited the decedent's real estate. Or, the probated will is simply recorded with the county recorder, and those who search title will pick up the names of the owners from that. As far as your deceased brothers share goes, you cannot force someone to disclaim an interest which they may or may not have. If you feel that your brothers share, or any part of it should've passed to you as his intestate heir, you will have to prove that in court, which could be in his probate estate. Otherwise, a person in your position could sue everyone in the family, plus the girlfriend etc.… to quiet title in his share. Typically this is not something that one can do without an attorney. It is a very complicated legal proceeding.

I am not an employee of Just Answer and I receive credit for assisting you based on your rating. I hope that you will enter a positive rating for my Answer by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

Expert:  Irwin Law replied 1 year ago.

Hello again. Do you have a follow-up question? I hope that you will enter a positive rating for my Answer by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.