[Linds518]

Here's the scenario -
My grandfather purchased a property in 1969. My grandfather passed away in 1989, leaving my grandmother as executor of his will. My grandmother never filed an executor's deed transferring the property into her name. Now - I am trying to add my name to the deed, but cannot find a deed that is in my grandmother's name.

At the same time, my grandmother took out a secured loan, using the property as collateral (but the bank did not complete a deed or title search - otherwise they would have figured out that the property was only "willed to her," not "deeded to her").

Ultimately we are wanting to put the property in just my name - but do not know how to go about doing it.

Since there is no executor's deed - do we need to file an executor's deed transferring the property into my grandmother's name, then come back and file another deed to add my name.

Also - could we simply put the house into my name and would this affect the secured loan that she has on the property (I am willing to assume the loan).

If you may have suggestions, we GREATLY appreciate it!
Thank you in advance for your advice and help!

[LisaB4657]

When your grandfather bought the property, was your grandmother's name on the deed as well as his? If the two of them owned the property as joint tenants then the property automatically transferred to your grandmother when he passed away.

If your grandmother's name was not on the original deed then you would have to go through probate to transfer the property. I suggest that you arrange for a real estate attorney or title company to handle this for you.

[Linds518]

Unfortunately, the deed was only in his name.
Thank you for your advice, I appreciate it! I wasn't sure if we would be able to file an executor's deed after so many years had passed ( the will was probated in 1990 ).

Thanks Again!