How do I get a deed in my name for a home from my deceased grandfather? 13 Answers as of December 08, 2011

I'm currently staying in a home owned by my deceased grandfather and I would like to get the deed in my name. He does have children who are still living, but they will sign over any rights to me. The house is in need of renovation and I would like to start doing some, but would like to be sure it's mine before I proceed. It has about $1000 back taxes on it that I plan to pay, but only until I'm sure I can get ownership. What steps do I take in getting this resolved?

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Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
This is a terrific question and a fairly straightforward matter based on the facts you present. However, given that you want to make a substantial investment in the property I advise you to consult with an attorney who can make sure that the current legal owners are identified and can prepare an appropriate conveyance (deed) so that you can be sure that you have good and complete title to the property.
Answer Applies to: Indiana
Replied: 12/8/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
It sounds like you need to probate your deceased grandfather's estate.
Answer Applies to: Oregon
Replied: 12/8/2011
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
If the real estate was titled in your grandfather's name, the property needs to go through probate. In the process of probating your grandfather's estate, a Personal Representative will be appointed. The Personal Representative of the estate has the power to convey the property to you, or, the property could be distributed to the heirs and they could in turn convey the property to you.
Answer Applies to: Minnesota
Replied: 12/7/2011
Law Office of William L Spern | William Spern
A deed must be issued by the Grandfather's estate. If an estate was started, the personal representative must seek authorization of the court and approval of all interested parties. If no estate, an estate must be opened in the estate in which the grandfather was a resident on this death.
Answer Applies to: Michigan
Replied: 12/7/2011
Attorney at Law | Ruchee Patel
First step, the property needs to be probated for "muniment of title" to the heirs, this process will be determined by his will or intestate laws. Second step, they have to transfer that property to you by deed of sale or quitclaim. Basically you can't get the property until a living person has a right to give it to you.
Answer Applies to: Tennessee
Replied: 12/7/2011
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    I need to know if your grandparent had a will. If so, then it needs to be probated, and then the property can be transferred by the beneficiaries. If there was no will, and the grandparent had no debt, then you can use an heirship affidavit to clear title to the heirs. The heirs can then deed the property to you.
    Answer Applies to: Texas
    Replied: 12/7/2011
    THE HUBBARD LAW FIRM, P.C.
    THE HUBBARD LAW FIRM, P.C. | Donald B. Lawrence, Jr.
    First you have to ascertain how title is held now. Assuming it is still in the name of your grandfather, you also need to determine if there are any liens on the property other than the taxes you mention. Next you need to see if there is a probate for your grandfather's estate and if there is a personal representative ("PR") appointed for his estate. If all of his heirs are willing to cooperate, the PR will have to pay the fees to the court for the inventory value of the estate and the filing fees, obtain the written waivers from all parties in interest and obtain a court order approving the sale to you for whatever amount is agreed upon. Given that the PR will be doing something that a will is unlikely to do or something the probate law of inheritance would not do, the PR will want the protection of court approval of his actions based on the consents of the heirs involved. The PR will also need to either have other assets in the estate to cover the costs or you will have to do so. If there is no will and no PR, one of the heirs will have to petition the court to appoint a PR and then the same process will have to be followed. One of the requirements before the property can be transferred, in addition to the waivers by the heirs, is the obligation of the estate to pay any debts owed by the deceased. A claims notice will have to be published and also served on known creditors. After publication, a creditor can file a claim within 4 months of the publication date. Unless you are willing to take the risk, you will want to wait out that period even if everything else above has taken place before closing or you will be gambling that either there are other assets in the estate sufficient to pay claims or that you will have to pay the bills owed in order to acquire the home.
    Answer Applies to: Michigan
    Replied: 12/7/2011
    Harville-Stein Law Offices, LLC
    Harville-Stein Law Offices, LLC | Dean D. Stein
    In addition to all of your grandfather's living children signing deeds, the children of any deceased children of your grandfather must do the same. Finally, purchase title insurance to make sure all requirements are met and you have marketable title.
    Answer Applies to: Alabama
    Replied: 12/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You should see a lawyer who will first of all check the title and then can draft appropriate deeds and agreements.
    Answer Applies to: Georgia
    Replied: 12/7/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    The first step is to determine who (if anyone) currently has the legal authority to transfer the home to you. This depends on whether your grandfather left a Will or a Living Trust or a Beneficiary Deed. If he did not have any of these documents, then the statute would determine who his legal "heirs" would be. They would need to take the proper steps to transfer the house out of your grandfather's estate. I recommend that you speak with a probate attorney who can give you additional specific guidance.
    Answer Applies to: Arizona
    Replied: 12/7/2011
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    His Last Will and Testament needs to be probated. The debt can be paid the deed changed and you can start work.
    Answer Applies to: Georgia
    Replied: 12/7/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    This is not a simple question. You need to run your grandfather's estate through probate. This will take time. Assuming that your grandfather died without a Will and was not married at the time of death, his children are entitled to share in the value of the home. Normally the house would be sold in probate and distributed to the children equally once the Estate closed. Most children are not willing to forego their inheritance to have a nephew take instead of themselves or their children. You should probably discuss the process with an attorney. You may not ultimately get the house unless you buy it.
    Answer Applies to: Nevada
    Replied: 12/7/2011
    The Center for Elder Law
    The Center for Elder Law | Don Rosenberg
    Frankly, the only way to transfer title of your grandfather's home to you is through a probate administration. The process under current law is efficient and does not cost an arm and a leg, provided everyone gets along.
    Answer Applies to: Michigan
    Replied: 12/7/2011
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