How do turn over our share of land to our brother? 20 Answers as of January 27, 2014

Our mother passed away in July, she did not have a will, and gave to us everything she had before her death. There is an issue w/lad though. She has a piece of land that we would like to sign our part over to our brother. The land is not paid off, but our brother is paying the notes.

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
The land will still need to be probated in court; once you have been determined to be an heir, you can grant deed your share to the brother.
Answer Applies to: California
Replied: 1/27/2014
Sebby Law Office
Sebby Law Office | Jayne Sebby
You and your other siblings can refuse to accept your shares of that part of your mother's estate if the estate is still open. Or you can sell your shares to your brother.
Answer Applies to: Nebraska
Replied: 1/27/2014
Stephens Gourley & Bywater | David A. Stephens
If you have title, you sign a quitclaim deed. If you do not have title, you may need to probate the land.
Answer Applies to: Nevada
Replied: 1/24/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
You just need a deed and a Preliminary Change of Ownership Report.
Answer Applies to: California
Replied: 1/24/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
Unfortunately that land will have to go through probate.
Answer Applies to: California
Replied: 1/24/2014
    Estrada Law P.C. | Michele Ungvarsky
    Check with your local County Assessor. In New Mexico we can re-title real-estate with a quitclaim deed.
    Answer Applies to: New Mexico
    Replied: 1/24/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    It is difficult to answer a question like this without more complete information about the estate, and how the land will transfer in the first place. If your mother passed in July of 2013, you should still have time to "disclaim" your share of the land that might do what you want, but more information about the family is needed. You could simply deed your portion to your brother, but first you need to make sure that you are properly in title to the land, and this approach might involve a need at least to file a gift tax return. Honestly, it's land it must have enough value that it's worth hiring a lawyer to make sure things are done correctly.
    Answer Applies to: Oregon
    Replied: 1/24/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Because there is real property in your mother's name you would have to open an estate in probate court in order to transfer the property. The court is the only way to get the property in your brother's name and out of your mother's name. You would have to see an attorney to get this done.
    Answer Applies to: Florida
    Replied: 1/24/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Easiest and cheapest way is to sign an Assignment of your interest in your mother's estate to your brother. Presumably, his lawyer will be happy to draft that, and it won't cost you or him anything.
    Answer Applies to: California
    Replied: 1/24/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    In order to deal with real estate of a decedent you must open a probate case and have the court appointed representative deed the property. It may be possible to work with a title insurance company and insure over the title defect with the filing of a death certificate, an affidavit of heir-ship and a deed signed by all heirs. There is likely to be an additional endorsement fee beyond the usual charges and a personal undertaking (indemnification) that the heirs must sign. This will not cure the title defect but it may induce the title company to assume the risks if they are comfortable with the heir-ship proof.
    Answer Applies to: Illinois
    Replied: 1/24/2014
    Attorney At Law | James G. Maguire
    You can renounce the bequest in favor of your brother.
    Answer Applies to: Louisiana
    Replied: 1/24/2014
    David Kass | David Kass
    You cannot transfer proper title to your brother unless you as grantor have it. Since you claim Mom made a gift of land and you have not filed a gift tax return you do not have proper title.
    Answer Applies to: New York
    Replied: 1/23/2014
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    If the land is just in your Mom's name, you will have to probate the estate.
    Answer Applies to: Michigan
    Replied: 1/23/2014
    Gates' Law, PLLC | Thomas E. Gates
    You can deed your interest in the land with a Quit Claim deed. You can find forms on the Internet.
    Answer Applies to: Washington
    Replied: 1/23/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If there is a probate estate, you can probably give up your interest in the land in the estate. Alternatively, you could sign a quit-claim deed to your brother.
    Answer Applies to: Idaho
    Replied: 1/23/2014
    Law Offices of George H. Shers | George H. Shers
    If she transferred the land to you before her death, then you could quite claim your portion to your brother. If it was still part of her estate when she died, you have to go through probate for title to the land to be changed. You can decline to accept your share or then quite claim it to your brother.
    Answer Applies to: California
    Replied: 1/23/2014
    James Law Group
    James Law Group | Christine James
    Speak directly with an attorney. You will either have to go through probate or a summary probate to transfer the land and a probate attorney can help you do that.
    Answer Applies to: California
    Replied: 1/24/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    If everyone is in agreement, you can do whatever you like. You can deed out your shares to your brother.
    Answer Applies to: Texas
    Replied: 1/23/2014
    Frederick & Frederick PLC | James P Frederick
    This sounds like it will need to go through probate. Once in probate, you can sign quit claim deeds for your interest over to your brother.
    Answer Applies to: Michigan
    Replied: 1/23/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Land will need to go through probate. Speak a probate attorney where the land is located.
    Answer Applies to: Nevada
    Replied: 1/23/2014
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