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    semitar6's Avatar
    semitar6 Posts: 3, Reputation: 1
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    #1

    Mar 18, 2008, 08:57 AM
    Transferring Title When the Owner is Deceased
    My grandmother has lived in her Michigan home for about 50 years now. As she has increased in age she wants to transfer the title of her home to one of her daughters who will take possession of it upon her death. However the house was originally owned by my grandfathers mother and since they were living there before she passed away, the title was never transferred to my grandparents. So a woman who has been dead for at least 30 years technically still owns the house. I would love to get this situation taken care of for her but what would my first steps be. I'm completely ignorant of real estate law. Any information would be appreciated.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 18, 2008, 01:42 PM
    Quote Originally Posted by semitar6
    My grandmother has lived in her michigan home for about 50 years now. As she has increased in age she wants to transfer the title of her home to one of her daughters who will take possession of it upon her death. However the house was orginally owned by my grandfathers mother and since they were living there before she passed away, the title was never transferred to my grandparents. So a woman who has been dead for at least 30 years technically still owns the house. I would love to get this situation taken care of for her but what would my first steps be. I'm completely ignorant of real estate law. Any information would be appreciated.

    Was the estate of your Great grandparents probated?
    semitar6's Avatar
    semitar6 Posts: 3, Reputation: 1
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    #3

    Mar 18, 2008, 06:22 PM
    Quote Originally Posted by JudyKayTee
    Was the estate of your Great grandparents probated?
    Not that Im aware of.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 18, 2008, 07:43 PM
    Welcome to nighmare court.

    The estate of the last person from? How many years ago, will have to go to probate court and all the legal heirs to that estate will have the right to file claim, the judge will decide ownership and issue a new deed.

    Assuming she gets the deed, she can then have a title attorney or title company do a new one adding the daughter.

    The issue will be if the grandfather had other brothers and sisters, they will have a legal claim to a share of the property.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 19, 2008, 06:21 AM
    Quote Originally Posted by Fr_Chuck
    Welcome to nighmare court.

    The estate of the last person from ?? how many years ago, will have to go to probate court and all the legal heirs to that estate will have the right to file claim, the judge will decide ownership and issue a new deed.

    Assuming she gets the deed, she can then have a title attorney or title company do a new one adding the daughter.

    The issue will be if the grandfather had other brothers and sisters, they will have a legal claim to a share of the property.

    Absolutely correct! And after all these years those possible heirs might be deceased but they will have decedents - and they might be deceased!

    How is anyone getting Homeowners Insurance when the owner is, in fact, deceased - ?

    Truly a nightmare. I've seen Attorneys go into Court and ask for an Order waiving probate (based on the assets, ownership of the property) but the approvals are very few and far between - at least in NYS.
    semitar6's Avatar
    semitar6 Posts: 3, Reputation: 1
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    #6

    Mar 19, 2008, 08:37 AM
    Most of the grandfathers brothers and sisters are dead and I believe she has gotten waivers from they children saying they don't want the property. I didn't realize this was going to be such a pain.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 19, 2008, 08:47 AM
    Oh yeah, Pain is putting it mildly. Your post will serve as a warning to anyone trying to forego probate or clearing up the estate of a deceased person. Do not wait, get this done ASAP.
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