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My parents house has just finished the probate process and…

My parents house has...

My parents house has just finished the probate process and is now in my and my sisters name - 50/50. She wants to give me her 50% so I'll become sole Owner of the home. We are in massachusetts. What document is required for her to transfer her interest. There is a mortgage on the home

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I did

Lawyer's Assistant: What documents or supporting evidence do you have?

As stated i have the executed probate documents naming my sister and I equal share executresses - the home is the only item in the estate

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Answered in 1 minute by:
3/20/2018
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,114
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Your sister needs to deed to you her imterest in the property. Once she does it would be best for you to record that deed in the County Court where the property is located. But be careful the transfer of the property could cause the Mortgage holder to require the loan to be paid. In which case you will need to refinance the property.

In order for your sister to transfer her share to you she can use a Quit Claim Deed. This is the type of deed often used by family members in these situations. A Quit claim Deed works to transfer whatever intereset that your sister may have in the property.

You can find a sample Deed with instruction on how to complete it here:

https://eforms.com/deeds/ma/massachusetts-quit-claim-deed-form/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 month ago
I read that instead of a quitclaim deed she can just disclaim the inheritance? is that so? if so does that mean her 50% passes to me? I don't trust her. The "family" attorney has advised she not sign the deed over to me until the closing thus putting all the risk on me if I repair the home.
Customer reply replied 1 month ago
Do we need an attorney to complete the quitclaim deed? It looks to me on the link you sent that we can do it ourselves. I have already done a title search and plan to do another immediately before accepting her interest. The "Family" attorney told me this was not necesssary until after the deed is transferred to me; obviously I am concerned about his advice

Thank you for the additional questions. Please bear with me whileI prepare a response.

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Customer reply replied 1 month ago
Gerald - are ou still working with me?

Thank you for your continued patience.

1) Yes she may be able to disclaim the inheritance. BUT that needs to be done in writing and in a specific manner. If the property has alreaydy been probated it may be too late for that. Here is a link to the law:

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleII/Section2-801

2) The Quit Claim deed will transfer her interest and rights to you. BUT before that happens she still has claim on the property. So you do not want to make any investments in the property until you have this resolved.

3) You do not need an attorney to prepare the Quit Claim Deed or to file it. If you are going to pay to have the Deed prepared you are better off going to a property settlement company and have them prepare a Warrnty Deed with a title search. It is not that expensive for them to do that. Ask a real estate agent that you know to suggest a title company for you to use -IF you go that route.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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The reason for using the title company is that you can obtain "Title Insurance" when they do the Deed, which can be useful later if you refiance the property.

For the cost of the estate attorney doing the work, you can likely have a Warranty Deed prepared, have the title search professionally done and pay for the title insurance.

See: https://www.nolo.com/legal-encyclopedia/title-insurance-buyer-needs-36126.html

I need to go offline for the night. If you have additional questions I will respond to them tomorrow. Thank you for your understanding and patience.

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Customer reply replied 1 month ago
Thank you - one more question. The "family" attorney made a mess of my father's probate. I am a smart cookie but do not understand all of the forms submitted. Of them which is the essential form(s) that provides proof the house is now my sister and I's:
--Surviving Spouse, Children, Heirs at Law
--Notice of informal Probate
--Petition for Informal Appointment of Personal Representative
There are also a couple forms regarding Surety and Bond which I do not understand at all.
Thanks you for your help - I look forward to hearing from you in the morning.

Thank you for the additional question.

You need all those documents.

Consider the documents that you refer to as a package that shows the process or progression of the assets of the estate moving from the estate to the heirs. So you need all of them.

It sounds like there is no Will. The Will would direct who receives what property.

In absence of a Will then the property transfers under a law called "Intestate Succession."

Under the law when a person dies with children but no spouse the children inherit everything.

Here is what each document does:

Surviving Spouse, Children, Heirs at Law - identifies who the heirs are. If there is a Will that controls who the heirs are. No Will the law controls as we have just discussed.

Notice of informal Probate - This is the document that tells the Court and other interested parties that the Estate is being processed . Because the Estate must be somewhat small you are entitled to the faster informal process.

Petition for Informal Appointment of Personal Representative - this identifies the person who is going to act on behalf of the Estate. It is often the most senior member of the family, but it can be anyone. It can be the attorney. This person is responsible for processing the papers, and signing documents on behalf of the Estate. It is this person who will sign the Deed from your parents' name to the name of one or both of the heirs.

The Surety Bond is like an insurance policy that the Personal Representative may or may not take out to protect against claims that the estate was mismanaged. In most small Estates this can be waived.

To transfer the real estate from the estate to you and your sister you need:

1) Death certificate.

2) Letters from the Court Appointing the Personal Representative.

3) A Deed prepared transferring the property from the Estate to one or more of the heirs.

If the house has been transferred already then your sister must transfer her portion to you through the Quit Claim Deed.

If the house is still in the Estate and your Sister does not want her share of it she can prepare a statement saying that she disclaims her interest in the property. This has to be done a certain way and within a certain period of time. Here is more information on that and a form:

https://www.deeds.com/forms/massachusetts/disclaimer-of-interest/

For more information on Intestate Succession see:

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleII/Section2-101

https://www.nolo.com/legal-encyclopedia/intestate-succession-massachusetts.html

Kind regards,

Gerald

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Customer reply replied 1 month ago
Gerald - are you online?

Hello:

How may I firther assist you?

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Customer reply replied 1 month ago
I'm confused about things. I received "letters of authority for personal representatives" naming my sister and i as representatives of the "estate". Can we do the quitclaim deed tranferring her interest in the house now or is there another step? Does the house automatically transfer to us via that letter or do we need to have the deed transferred to both of us THEN do the quitclaim?
Customer reply replied 1 month ago
I'd like to talk on the phone but I need to use a different credit card then what is on file to do so

I have submitted an OPTIONAL offer to you for a premium service phone call so that we can discuss your concerns more easily. It is purely optional and I do not want you to spend extra money if it is not necessary. We can continue to post at no additional charge.

If for some reason payment does not go through for the call please call customer service at 1(###) ###-####.

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Customer reply replied 1 month ago
I can't do the phone call, so if I have this correct:
We now own the estate, BUT:
The deed needs to be transferred to both of us, then:
My sister can do the quitclaim deed transferring her interest.Do I need a lawyer to do the transfer of the deed from the estate to us? Is there a way for it to just go to me in one step?

You do not need an attorney to do this, but it would be a lot easier on you to use a real estate settlement company. They can do both deeds, and do the transfer from the estate to you and your sister and then transfer the deed to you from you and your sister.

Preparing the Deed correctly is very important but iti is tedious and it is easy to make a mistake with them.

It will not cost that much and you will be certain that it was done right.

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Customer reply replied 1 month ago
This is a Q&A site only correct - you cannot prepare documents?

I can not prepare the documents. The site does not allow for it AND I am retired.

It would be better and less expensive to use the settlement company anyway. Ask a local real estate broker what settlement company they use.

Gerald, Esq
Gerald, Esq, Lawyer
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Satisfied Customers: 5,114
Experience: Over 30 years of experience
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Customer reply replied 1 month ago
thanks

You are very welcome.

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