My mother, older sister and brother-in-law were the names on the deed of the house that I currently live in. All three have now passed away. My brother-in-law left his interest in the house to his daughters and I am now in probate to be named executor of my mother's estate. How do my oldest niece and I have the deed changed to our names so we can sell the property and what are the associated fees?

Well you brother in law's daughter keeps her share of the house as well, so you need to talk to her first.

Well first you don't have to have it changed to your name, you can sell it as long as all of the heirs agree.

But 1 your mother, was she married ? If not what about brothers and sisters that you have, all would have shares

2. older sister, was she married, her husband would have a share, her children would have a share

3. brother in law- all of his children have to agree not just the oldest.

Or the court will OK its sell and you will see it as the exect of the estate

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Originally Posted by Fr_Chuck

Well first you don't have to have it changed to your name, you can sell it as long as all of the heirs agree.

but 1 your mother, was she married ? if not what about brothers and sisters that you have, all would have shares

2. older sister, was she married, her husband would have a share, her children would have a share

3. brother in law- all of his children have to agree not just the oldest.

Or the court will ok its sell and you will see it as the exect of the estate

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I apologize for the ambiguity... my sister and brother-in-law were a married couple. There are no other siblings. My dad has been deceased for 4 years so there is no spouse. My sister died first so her interest was automatically assumed by her husband. When he passed he left his interest in the house to the oldest daughter (my niece). So there are only two persons that have inherited any interest in the home, myself and my niece. So do I understand that as long as we have the proper documents from the probate courts that we do not need to have the names changed on the deed?

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Originally Posted by AStrong

I apologize for the ambiguity...my sister and brother-in-law were a married couple. There are no other siblings. My dad has been deceased for 4 years so there is no spouse. My sister died first so her interest was automatically assumed by her husband. When he passed he left his interest in the house to the oldest daughter (my niece). So there are only two persons that have inherited any interest in the home, myself and my niece. So do I understand that as long as we have the proper documents from the probate courts that we do not need to have the names changed on the deed?

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In my only experience Probate Court ordered a new Deed in the correct names -

As the executor of the estate you can sell your mother's interest in the property. Your niece needs to be the executor of her father's estate and then can sell his interest. Or, as executors, you can file a quit claim deed to deed the property from the estate to the beneficiaries.

First thank you for returning and clearing up the who was who issues, I am sure it may have been clear to others, but more info is often helpful.

Scott is correct there is no need for a new deed as long as the executor of both estates agree and they sell it for the estate and the money goes into the estate to be divided out.