If my mother died without a will, can the deed be put in my name? 24 Answers as of April 22, 2014

My mother passed without a will. I am the only child. There are liens against the house for creditors. I want to take over the house. House is paid in full. Taxes are due. If I pay the taxes, can the house be deeded to me? What about the liens?

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LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
In California, if the property is valued over $150,000.00 a court probate proceeding is required unless you were on title with her as joint tenants with the right of survivorship. If you are a surviving joint tenant, you need only prepare and record an Affidavit- Death of Joint Tenant. If the value is under $150,000.00, there is an expedited court procedure under Probate Code section 13150 et seq.
Answer Applies to: California
Replied: 4/22/2014
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
Depending on the total value of the estate, you will have to initiate probate proceedings. Contact a probate attorney for further assistance.
Answer Applies to: California
Replied: 4/18/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Suggest you obtain an attorney to file a petition in probate which will be required to obtain the deed into your name.
Answer Applies to: California
Replied: 4/16/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Paying taxes has nothing to do with title. It sounds as if you will have to go through probate to transfer the property. See a probate lawyer.
Answer Applies to: California
Replied: 4/16/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
I suggest you open a probate estate and gather up all of your mom's assets. Since the house is paid in full, the estate probably does not qualify as a small estate. Then you must satisfy the creditors. Since there are liens on the house, you have one of two possibilities. Sell the house and pay off the liens. Borrow money, using the house as collateral if necessary, to pay off the liens. Then as personal representative, you issue a deed to yourself.
Answer Applies to: Idaho
Replied: 4/16/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Generally your mom's debts have to be paid from the equity in the estate. so if you want the house you will take it subject to the creditors liens.
    Answer Applies to: Michigan
    Replied: 4/16/2014
    Law Office of Nathan Wagner
    Law Office of Nathan Wagner | Nathan J. Wagner
    Paying the taxes will not put the house in your name. Your mother's estate will probably have to go through probate in order to transfer the property to you. The liens should be taken care of in probate. You should talk to a local probate lawyer about your situation.
    Answer Applies to: California
    Replied: 4/16/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    You will need to administer your mother's estate. As Administrator, you will be able to make a deed transferring the house to you. You will take subject to the liens, unless they can be paid.
    Answer Applies to: Oregon
    Replied: 4/16/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    The asset needs to go through probate and debts need to be paid before you receive clear title. You should address the liens with an attorney to determine if they need to be paid, or if you take the property subject to the lien (with the lien). This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. T
    Answer Applies to: Nevada
    Replied: 4/16/2014
    Frederick & Frederick PLC | James P Frederick
    You can get the house titled in your name, but the only proper way to do that is through probate proceedings. Assuming your mother was not married at the time of her death (and the title to the property was in her name alone), you would be the heir. Probate is not the nightmare that many people make it out to be. It would still be best to hire an attorney to assist you, or at least to determine what is necessary to probate the estate.
    Answer Applies to: Michigan
    Replied: 4/16/2014
    Gates' Law, PLLC | Thomas E. Gates
    All taxes and liens must be paid to all creditors. Once paid, the remainder of the estate may pass to the beneficiary. If the estate lacks cash to pay the creditors, the ouse must be sold to generate the cash to pay them. Another alternative is for you to paid the creditors personally.
    Answer Applies to: Washington
    Replied: 4/16/2014
    Carrington Law Office, P.C.
    Carrington Law Office, P.C. | Andrew O. Carrington
    A probate petition must be filed in order to transfer the title of the property from your mother's name to yours. However, you will take the property subject to all of the liens, including unpaid property taxes.
    Answer Applies to: Washington
    Replied: 4/16/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If the decedent had no will the decedent's estate passes according to the statute on descent and distribution. If no spouse is alive at the time of death, the entire estate passes to the descendants of the decedent. The estate is divided equally among the children, if any. As the only child you would receive the entire estate. A probate should be opened and you should be appointed as the representative. After the creditors of the estate are paid, you could be deeded the real property and any other assets in the estate.
    Answer Applies to: Illinois
    Replied: 4/16/2014
    C Page Hamrick Attorney at Law | C Page Hamrick
    FOR WEST VIRGINIA ONLY: If a parent dies without a will and owns real estate, the real estate still goes to the children at death. However, the child needs to administer the estate at the fiduciary supervisor's office at the local county commission offices, to have the title to the property transferred to the child.
    Answer Applies to: West Virginia
    Replied: 4/16/2014
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    You will need to probate her estate.
    Answer Applies to: Michigan
    Replied: 4/16/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Your mother's probate estate will need to be opened in order to transfer title to the property. The liens will need to be satisfied.
    Answer Applies to: Colorado
    Replied: 4/16/2014
    James Law Group
    James Law Group | Christine James
    All taxes will certainly need to be paid to avoid losing the house. It is unclear what the other liens are if the house is paid in full, but they will have to be paid in some way. The only way to transfer the property is through a probate process. If the value is less than $150,000, you can use a summary proceeding. If more than $150,000, you will need a full probate. Speak with a probate attorney to figure out what you need to do.
    Answer Applies to: California
    Replied: 4/16/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You had better see an attorney, generally any liens secured by the house will continue to be enforceable and in effect. The house is the property of your mother's estate, you'll have to open a probate in order to attempt to transfer title. Your payment of the taxes will not act to transfer the title of the property.
    Answer Applies to: Michigan
    Replied: 4/16/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Your late mother's debts must be paid from the assets of the estate. If the only significant asset of value is the house, usually creditors will demand that it be sold. Hence, the liens. However, if you have the money to pay off the liens or can obtain a loan to do so, you can work with the creditors to allow you to inherit the house. Be aware, however, that doing so may require you to pay off all of your mother's other outstanding debts (those who don't have a lien on the property), the taxes due on the property, and any inheritance taxes the state may impose.
    Answer Applies to: Nebraska
    Replied: 4/16/2014
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Your mother's estate need to be probated. Retain an attorney to assist you in the matter.
    Answer Applies to: Georgia
    Replied: 4/16/2014
    Home Town Law, P.A.
    Home Town Law, P.A. | Sabina Tomshinsky
    It depends if the house is your mother's homestead property. If it is, then there should still be a petition to determine homestead status of real property filed. I urge you to consult with a probate attorney in your area for further guidance.
    Answer Applies to: Florida
    Replied: 4/16/2014
    Fluhr & Moore, LLC | Steven S. Fluhr
    Most liens run with the land. This is another way of saying that you cannot avoid paying the liens. You can have the house transferred to you. You will need the help of an attorney to do so.
    Answer Applies to: Missouri
    Replied: 4/16/2014
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You will have to probate the estate. As the only child you will get all of the estate. But the liens and taxes will attach to the house.
    Answer Applies to: Michigan
    Replied: 4/16/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Yes, you can put the title of the house in your name. However, how to address these cases is fact specific. What kind of liens? (tax? judgment?) Also, did your mother have other assets (bank account, car, etc.)?
    Answer Applies to: Texas
    Replied: 4/16/2014
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