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Need to add beneficiaries to deed of my deceased mother's…

Need to add beneficiaries...

Need to add beneficiaries to deed of my deceased mother's house, house left to three daughters and one daughter has also passed away after my mom but not before we changed the deed. what do I need to do to change the deed?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Illinois

Lawyer's Assistant: What steps have you taken so far?

Contacted lawyer in Illinois but getting no where. I live in Michigan and my sister still lives in the Illinois house

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My deceased sister had a will but think she left her things to her husband and two children

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Answered in 9 minutes by:
4/3/2018
Kim Courtney
Category: Legal
Satisfied Customers: 4,237
Experience: Founder/Member at Food Business Association
Verified

Hello, my name is ***** ***** I am an attorney. I am happy to assist.

The first thing you need to do is verify whether your sister did actually have a will. If her husband is still alive, then everything would go to him first before the two children if there is no will.

If there is a will, you have to get that taken care of in probate court first before you can change the deed for your mother's property.

To fix the deed, you just need to file an affidavit of kinship with the registry of deeds that states who the heirs are of your mother and your sister. Then you sign it before a notary. You can have all the living heirs sign it as well. You can also file a copy of the death certificates with it.

The filling of those documents will put on record the current owners of the property.

Let me know if you have any questions about this.

Thank you,

Kim

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Customer reply replied 4 months ago
When referring to an affidavit do you mean to just write a letter with all proper parties signatures and send in with copy of death certificate. My mother passed away in nov 2014. My sister in 2016

Yes, it's basically just a letter outlining the members of the family and showing who are the heirs for your mother and sister. Then it gets notarized first before filing it with the registry of deeds. If you prefer to use a lawyer to draft it you shouldn't have to pay much more than $100-300 to get this done.

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Customer reply replied 4 months ago
Thank you. Do I still need to go through probate if my mom has been gone so long? If yes, what does that entail?

You only need to go through probate and if there is a will, and the estate is of a certain amount. It is not likely you will have to do that.

I am mostly concerned with the fact that she appears to be taking ownership of a property that is actually owned by you legally. This may require court action, whether it's through probate or just a "quiet title" action. Either route would be ok to clear the title and take it back from her.

I would go ahead and file the affidavit of kinship with the registry of deeds right away though just to claim the priority there as the legitimate heir.

Kim

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Hi this is Kim, just checking if you have any more follow up questions before we close this question.

Please be sure to give positive feedback so I get credit for my work with you yesterday.

Thanks and take care!

Kim

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Customer reply replied 4 months ago
My mother did have a will leaving everything to us 3 daughters. I think the value of the house is between 150,00 and 175,000. I’m okay with my sister living there until we decide to sell so I’m still confused about the probate party. Thank you

Ok thanks for that additional info.

If there is a will you will likely need to go to probate court, or at least file a Small Estate Affidavit to avoid probate. The probate court process is too extensive to explain here, but you need to check the will and see if the property is being given to you through the will, or if it was specified in the deed itself that it goes to the three daughters. If it's in the deed, then it goes outside of the will, and outside of probate. If the estate is less than 100,000 in value besides the property, then you can file that Affidavit and avoid probate.

If the property does transfer through the will, then you do need to go to probate court, and it will be best to get an attorney to do the filings, as it can get a bit complicated.

Let me know if this is more clear.

Thanks

Kim

Kim Courtney
Category: Legal
Satisfied Customers: 4,237
Experience: Founder/Member at Food Business Association
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