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regalette · Apr 19, 2009, 12:13 PM

My father recently passed away and there is several pieces of property.. all(deeds) but one has my mothers name on it.. what can she do to have her name put on the piece of property that does not have her name on. He left a will giving her all his real property but does she have to probate the will in order to have her name put on it.

Thank you pat

Fr_Chuck · Apr 19, 2009, 12:26 PM

The one with your mothers name how is it listed, if they were joint, then she owns it now.

A will can only have contorl over property that is not deeded or titiled in a way to give it to others.

As for the property without her name, you take that to probate court and get the judge to order it.

regalette · Apr 19, 2009, 01:14 PM

The one that has by mothers name on it has mr & mrs and says owner by survivorship.. the one that does not have my mothers name on it only has my dads name on it. She wants to put into her name because there is a family living on the property in a house that is also on the property and she wants to deed them the house eventually so that no one can take it fron them my parents had discussed it already but they hadn't taken any legal action to do it when my dad passed

Fr_Chuck · Apr 19, 2009, 01:17 PM

She will need to go though probate for all the ones without her name on it.

regalette · Apr 19, 2009, 01:22 PM

[thank you very mcuh

ScottGem · Apr 19, 2009, 01:42 PM

Someone needs to be appointed executor of the estate. That person then makes arrangements for the estate to deed the property to the beneficiary of the will.

regalette · Apr 19, 2009, 02:07 PM

Originally Posted by ScottGem

Someone needs to be appointed executor of the estate. That person then makes arrangements for the estate to deed the property to the beneficary of the will.

I hate to sound dumb... but how does the executor of the estate make arrangements... what are the steps to doing that? Where do we start. My mom is the executrix of the estate and was left all the real property??

ScottGem · Apr 19, 2009, 02:18 PM

The executor of the state has the power to sign any legal documents that are required for the estate. In this regard the executor is the same as the deeased.

So mom completes a quit claim deed deeding the property from your father's name to her name. She signs the deed as Mrs John Doe, Executor of the estate of John Doe. The new deed is then recorded with the county.

regalette · Apr 19, 2009, 03:10 PM

Originally Posted by scottgem

the executor of the state has the power to sign any legal documents that are required for the estate. In this regard the executor is the same as the deeased.

So mom completes a quit claim deed deeding the property from your father's name to her name. She signs the deed as mrs john doe, executor of the estate of john doe. The new deed is then recorded with the county.

Thank you so much you have really helped me ,I now know where to begin