What do I do when all siblings are dead and their names are on the deeds? 37 Answers as of April 11, 2013

I want to sell some of the land.

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Law Offices of Frances Headley | Frances Headley
It depends on how the title, i.e. joint tenancy or tenants in common etc., is held as to what action will be necessary to clear their names from the deed.
Answer Applies to: California
Replied: 4/11/2013
Victor Varga | Victor Varga
You may have to open estates in their names to do it.
Answer Applies to: Maryland
Replied: 12/5/2012
Law Offices of Terrell Monks
Law Offices of Terrell Monks | Terrell Monks
In Oklahoma their estates would have to be probated. Their heirs could sell the property during or after the probate.
Answer Applies to: Oklahoma
Replied: 12/5/2012
Hamblin Law Office | Sally Hamblin
Is your name on the deed, too? What is the language in the deed. That information is needed to help answer the question.
Answer Applies to: Michigan
Replied: 4/11/2013
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, your options may depend on how the siblings held title to the property (solely; joint tenants; tenants in common), and who survived them (and whether they disposed of property pursuant to a will). You will need to check the language in the deeds.
Answer Applies to: Maryland
Replied: 12/5/2012
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Depends on whether you owned the property as tenants in common or owned the land jointly with a right of survivorship. If you and your siblings owned the property jointly with the right of surviorship and you are the only sibling living, you own the property outright and there is no need to file a new deed. You may want to record an official copy of each sibling's death certificate if you owned the property jointly with a right of survivorship. If you all owned the property as tenants in common, its a little more complicated. If that is the case, the probate of each sibling should have taken care of this because your siblings' ownership share of the property should have been included in the inventory of the estate of each sibling. If your sibling designated his/her share to a beneficiary in their will, then that beneficiary owns your sibling's share of the property, if there was no will, then the land with be divided up according to the intestancy statutes of Florida. If this is your situation or if there was no probate it is best that you consult an attorney on this matter.
    Answer Applies to: Florida
    Replied: 12/5/2012
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    Have them declared dead. You will need a death certificate for them.
    Answer Applies to: California
    Replied: 12/5/2012
    Gates' Law, PLLC | Thomas E. Gates
    Just provide their death certificates.
    Answer Applies to: Washington
    Replied: 12/5/2012
    Woolley Wilson, LLP
    Woolley Wilson, LLP | William R. Wilson
    No easy answer to this situation. A lot depends on the family situation, whether the deceased parties have heirs, who paid the taxes, etc.
    Answer Applies to: Texas
    Replied: 12/5/2012
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    It depends on the form of ownership. If the land was owned with rights of survivorship, the last surviving owner would own the entire property and would be able to sell it. If it was owned as tenants in common, each deceased sibling's share would pass to his or her estate or intestate heirs and their consent would be needed to sell (without filing a partition action).
    Answer Applies to: Oregon
    Replied: 12/5/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If the deed was to all the siblings, not as tenants in common but with right of survivorship, then you own the land and can sell it. If all the siblings owned as tenants in common, then you need to probate each siblings estate (or do a small estate affidavit for each).
    Answer Applies to: Oregon
    Replied: 12/5/2012
    Stephens Gourley & Bywater | David A. Stephens
    You would have to open a probate for them to transfer title.
    Answer Applies to: Nevada
    Replied: 12/5/2012
    Law Offices of Frank D. Granato
    Law Offices of Frank D. Granato | Frank Granato
    You must have their estates probated.
    Answer Applies to: California
    Replied: 12/5/2012
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    The title on the property should indicate whether the property is owned as joint tenants or as tenants in common. In the first case, you inherited your siblings' share of the property when they died; in the second, each sibling's share of the property passed to his or her heirs. You can do as you please if the land is in your name alone but must consult with the other heirs if they own a share.
    Answer Applies to: Nebraska
    Replied: 12/5/2012
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Have an attorney or title company look at the deeds. You may have to probate their estates, unless you are joint owners with rights of survivorship.
    Answer Applies to: Michigan
    Replied: 12/5/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Assuming you are the only of the heir, a sibling, or a child of a sibling, and your deceased parent left the real property to his children, you will need to file a petition into probate to administer the estate to get the real property into your name by court order and by Letters of authority to act, issued by the court ,that will be required by the title and escrow company.
    Answer Applies to: California
    Replied: 12/5/2012
    Danville Law Group | Scott Jordan
    Depending on the value of the property and how title is held, you will either need to file for Probate to transfer the property, file for short Probate or simply file a notice of death of joint tenant.
    Answer Applies to: California
    Replied: 12/4/2012
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    It depends on how the names are titled on the deeds. If the words "as joint tenants with rights of survivorship" are on the deed after the names of all the siblings, then the remaining siblings would be able to sell the property. If the siblings names were listed on the deed with nothing else or with the words "as tenants in common", then a probate will have to be opened in each deceased sibling's estate and their heirs will need to sign off on the sale.
    Answer Applies to: Florida
    Replied: 12/4/2012
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    You should have an affidavit prepared that shows the names and dates of death of all your siblings. It should recite that all of you owned the property as joint tenants with right of survivorship (if that is the way you owned the property) and that you are the sole surviving tenant and that you now own the property as the sole owner. The affidavit should contain the legal description and street address of the property. Once you've signed in front of a notary you need to record it at the Recorder of Deeds Office in the county where the property is located.
    Answer Applies to: Missouri
    Replied: 12/4/2012
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    You have to determine who became the owner of their interests when they died. If they left Wills, you have to check them. If they have no Will, you check who were their heirs at law.
    Answer Applies to: Oregon
    Replied: 12/4/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    You must consult all heirs, determine how the deceased Wills distributed their property. Your financial plan is not complete until it is co-ordinated with your estate plan. Will your family be provided for when you are gone? Without a Will, the court will decide.
    Answer Applies to: Georgia
    Replied: 12/4/2012
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    What is the value of the real property? Based on the value you may be either to file a Petition to Determine Succession to Real Property or you may need to file a Petition for Probate. Did any of your siblings have children? They will need to be notice of any action you take.
    Answer Applies to: California
    Replied: 12/4/2012
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    You will need to see a Probate attorney to straighten it out.
    Answer Applies to: Alabama
    Replied: 4/11/2013
    David T. McAndrew, Attorney at Law | David T. McAndrew
    It all depends on how the deed was titled when it was executed. If it says, as joint tenants or joint tenants with rights of survivorshipyou own the property, being the sole survivor. If
    Answer Applies to: Michigan
    Replied: 12/4/2012
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    It really depends how the deed reads.
    Answer Applies to: Michigan
    Replied: 12/4/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Depending upon if you were joint tenants or tenants in common you will either complete affidavits terminating joint tenancies or if tenants in common you will need to consider opening a probate to transfer title. I urge you to speak with an attorney and bring copies of all of the deeds. If they were in trust then the situation is handed differently.
    Answer Applies to: Nevada
    Replied: 12/4/2012
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    The siblings names need to be removed from the title to the property for you to be able to sell the property. But, that is easier said than done. If the title to the property was in all the siblings names as joint tenants with the right of survivorship, then title can be fixed easily. Assuming you can get death certificates for your deceased siblings, then you only need to execute an affidavit and have them recorded to clear title just into your name. If title is just held in the siblings names, then title would be held as tenants in common. In that case, each of the deceased siblings interests would need to be probated to clear title. The next question becomes who is entitled to the interest in the land. If there was a Will, then that document will control who takes the interest. If there is no Will, then the laws of intestacy will control. If your siblings had children, they may become the owners of your siblings interest. Therefore, unless and until you work out all the details, you might not be able to sell.
    Answer Applies to: California
    Replied: 12/4/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    If there are no other owners on the deeds besides the siblings, then it will be necessary to open an estate for one or more of the siblings, depending upon how the land is owned among the siblings.
    Answer Applies to: Maryland
    Replied: 12/4/2012
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    If the property was held in joint tenancy, then you will need a Certificate of No Tax from the Probate Court for each sibling If the property was held as tenants in common, you will need Certificates of Devise for each estate.
    Answer Applies to: Connecticut
    Replied: 12/4/2012
    SmartWills
    SmartWills | Scott Pesetsky
    Depends on the deed wording. Are you joint tenants? You might have a very easy process. Tenants in common? You might need to open probate.
    Answer Applies to: California
    Replied: 12/4/2012
    Byers & Goulding, PLC | Andrew Byers
    If the land was held as tenants in common, you may have to probate each deceased sibling's estate. If the land was held in joint tenancy, the surviving owner(s) would be able to sell the property.
    Answer Applies to: Michigan
    Replied: 12/4/2012
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    This depends on how the property is titled on the deeds. If the property is joint tenancy, then upon operation of law, the property goes to the survivor. Usually, the language on the deed is "as joint tenants with rights of survivorship" or "as joint tenants." However, is there is no language on the deed, then the property is held as tenants in common. When one of the owners dies, the decedent's ownership interest goes to the decedent's heirs. If there is no language about tenants in common or no language at all, then the presumption is that the property is tenants in common.
    Answer Applies to: Missouri
    Replied: 12/4/2012
    Law Offices of Gerald A. Bagazinski
    Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
    How is the deed held? If it is joint tenants with rights of survivorship, than all you need to do is file the death certificates. If it is held as tenants in common, then you may need to open estates for each sibling.
    Answer Applies to: Michigan
    Replied: 12/4/2012
    Frederick & Frederick PLC | James P Frederick
    It depends HOW their names are on the deed. Ideally for you, the deed(s) would read all names, "as joint tenants with rights of survivor ship." If that is how the deed(s) read, then the property is now yours and you are free to do with it as you wish. If the title is "tenants in common" or if it just has all of the names and does not say what kind of ownership you have, then you have a tenancy in common. That would require probate proceedings for each of the deed owners. That will likely be an expensive and complex undertaking, and it will take some time before you can sell the property. You should contact an attorney if you are not clear on how title is held or about how to proceed.
    Answer Applies to: Michigan
    Replied: 12/4/2012
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    File death certificates if the property is in joint tenancy, file probate if owned in tenants in common.
    Answer Applies to: Colorado
    Replied: 12/4/2012
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