How do I put the title in my name? 26 Answers as of January 17, 2014

My mom passed without a will and I have been living in the house paying mortgage and taxes. There is more than 15 years of mortgage owed. The taxes are going up because she was under the homestead program. I cannot afford and attorney and do not want to go to probate.

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LAW OFFICES OF JAMES F. MALINOWSKI
LAW OFFICES OF JAMES F. MALINOWSKI | JAMES F. MALINOWSKI
Probate is the only way to transfer the property to the heirs. If you are the sole heir, when the property is transferred to you, through the probate process, you will be able to get the personal residence exemption if you live in the property.
Answer Applies to: Michigan
Replied: 1/17/2014
Bentley Law
Bentley Law | Walter H. Bentley III
Because your mother died intestate(without a will) you have no choice but to go through the probate process. That would be the only way you can have the home legally transferred to your name. You may want to go to your local probate court for forms but because of your property issues, it is highly recommended that you retain an attorney. It will save you a lot of time, money and aggravation in the long run.
Answer Applies to: Michigan
Replied: 1/17/2014
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
Look at the deed to the house. If it says that you and your mother both owned it as joint tenants with right of survivorship, then the house automatically transferred to you when she passed away. Otherwise, you will have to get an order from the probate court to put the house in your name. Many states have a simplified procedure for transferring property that is worth less than a certain amount, so that may be available to you. You should talk to a local probate attorney about your situation.
Answer Applies to: California
Replied: 1/16/2014
Sebby Law Office
Sebby Law Office | Jayne Sebby
If your mother did not have a surviving spouse and did not leave a will and you are the only lawful heir, you can inherit the house. However, you may be required to pay estate taxes on the property in some states. If the mortgage was in your mother's name, you will also have to get a new loan to pay whatever still remains due. Check with your local bar association to see if they can suggest free or reduced price legal assistance.
Answer Applies to: Nebraska
Replied: 1/16/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
It's possible you don't want title if you're going to have to walk away because of the mortgage and taxes, maybe you do that sooner rather than later. Depending on the value of your mother's estate, you might not need probate, you might be able to use a small estate affidavit. I understand not being able to afford a lawyer, but sadly, you might cost yourself a lot more money by not seeing a lawyer than it would cost to talk to one. Contact the Oregon State Bar. There's a referral service, you can get a low-cost consultation with a lawyer in your area who does estate work, and decide after that.
Answer Applies to: Oregon
Replied: 1/16/2014
    Kirby G. Moss PC | Kirby G. Moss
    Assuming you are the only heir and the house is the only asset, you may be able to accomplish this by affidavit. The estate has to be under 50,000 net assets as well. A lawyer can make sure done right and shouldn't cost much for this.
    Answer Applies to: Indiana
    Replied: 1/16/2014
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    Talk to an attorney. Most estate attorneys will not charge you for the first phone call. You said no will, I assume no trust. If the house is in your mother?s name, you will have to go to probate to transfer the deed. The taxes will not go up because there is a parent to child exclusion. The mortgage will remain the same.
    Answer Applies to: California
    Replied: 1/16/2014
    Law Office of Peatsa C. Wallace | Peatsa C. Wallace
    First, I am sorry for your loss. From your facts, you did not say whether the title to your mother's house is solely in her name. I will make an assumption that it is. In Georgia, if someone dies without a Will (intestate), the intestacy statute determines the order in which individuals inherit. Your facts do not say if your mother was married or if you have siblings. Knowing these facts will also determine who can take title to your mother's house. Regardless of who will inherit the house, the only way to pass title is to open a probate. You should seek out a probate lawyer.
    Answer Applies to: Georgia
    Replied: 1/16/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    Regardless of not wanting the house to go through probate, you are going to have to see an attorney. You cannot just put the title in your name. Please take the last recorded deed and see an attorney. Unless the deed is a beneficiary deed to a deed which put the property in joint names with you and your mother, you are going to have to go through probate but depending on the length of time since your mother died and the net value of real estate (the equity) the probate may not be the normal probate.
    Answer Applies to: Missouri
    Replied: 1/16/2014
    The Krone Law Firm, LLC | Norman B. Krone
    Without the assistance of counsel and without going to probate, there may belittle that you can do legally.
    Answer Applies to: Florida
    Replied: 1/16/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Going through probate is the only way to get the title in your name. Try your local legal aid to handle this for you.
    Answer Applies to: Florida
    Replied: 1/16/2014
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    Since your mother left no will her estate including the home would become the assets of her heirs at law. With regard to the real property (the home) I don't see how you can get the home titled in your name without going through probate. It is possible that you could sign a small estate affidavit and have the court refuse granting letters of administration but you would still have to have a lawyer help you with this. Also by signing such affidavit with the court you would agree to continue paying your mother's debts which may or may not be a good idea. This process might may not even work if the property in her estate and including the home is worth more than $40,000.
    Answer Applies to: Missouri
    Replied: 1/16/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The only way to transfer title to real property owned by a decedent is to open a probate and have the court appointed representative execute the deed to the proper heirs. If the property was owned jointly by you and your mother then it would pass to you as the surviving joint tenant outside of probate. If there is no will then the assets owned by your mother at her death would be distributed to the heirs in accord with the statute on descent and distribution. Half to spouse, if any, and the other half divided equally among'st the children of the deceased.
    Answer Applies to: Illinois
    Replied: 1/16/2014
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    You will need to probate your mother's estate to get title to the home in your name. In addition, if you have any brothers and sisters, they will need to consent to you getting the house.
    Answer Applies to: Michigan
    Replied: 1/16/2014
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You will have to do probate. If you are the only child, you will get the house.
    Answer Applies to: Michigan
    Replied: 1/16/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Unless your mother had a living trust, you will need to go through probate to transfer title to your name. You should consult with a Probate attorney for direction even though you may not want or are unable to retain an attorney.
    Answer Applies to: California
    Replied: 1/16/2014
    Frederick & Frederick PLC | James P Frederick
    Whether you want to probate or not is not the question. It would appear that the only way to get title in your name is probate. If you fail to do so, you could be paying the mortgage for nothing. You could also have people who intervene if there are others who have rights in the property. You will end up paying way more in taxes than you should and will not be able to deduct the interest on your mortgage payments. You also run the risk that the insurance company will not pay any claims that may arise. I would highly recommend that you meet with an attorney and discuss how you can fix this situation.
    Answer Applies to: Michigan
    Replied: 1/16/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You do not have a choice. The estate needs to go into probate. Contact a legal aid service to see of you can qualify for a pro bono attorney. Probate attorneys are normally paid from the estate and most give a fee consultation on probate matters. I would start there.
    Answer Applies to: Nevada
    Replied: 1/16/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You have to go through probate, but you may be able to do it informally. There is no shortcut.
    Answer Applies to: Idaho
    Replied: 1/17/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Too bad for you. Probate administration is necessary. By the way, if you had competent counsel the taxes would not be going up! You can't afford not to get an attorney.
    Answer Applies to: California
    Replied: 1/17/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Suggest you contact an attorney to assist you to file a summary probate for you to obtain the necessary court order to put the title into your name assuming you are the only heir; this is the only alternative.
    Answer Applies to: California
    Replied: 1/16/2014
    James Law Group
    James Law Group | Christine James
    You have no choice but to go through probate if you want the house in your name. Probate fees come out of the estate so when you are ready to sell or refinance, contact a probate attorney and they can help you. Good luck.
    Answer Applies to: California
    Replied: 1/16/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    If the property is in Mom's name alone, You'll have to open probate. If it's in your joint names, only a simple affidavit is required.
    Answer Applies to: California
    Replied: 1/16/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It you refuse to do what you must there is nothing that anyone can do for you. It appears you will need to go through probate, and hire an attorney.
    Answer Applies to: Michigan
    Replied: 1/16/2014
    Danville Law Group | Scott Jordan
    Unfortunately, you will have no choice but to file for probate if you want the house to titled in your name.
    Answer Applies to: California
    Replied: 1/16/2014
    James M. Chandler | James M. Chandler
    You cannot get it in your name without probate.
    Answer Applies to: California
    Replied: 1/16/2014
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