Live in Illinois. Will I be able to take death certificate to Office of Deeds and have deed transferred to my name only, even though there are other siblings? Or will problems arise? Have lived here over 30 years, taken care of the mortgage. Mom took care of utilities. No one helped. Now do I lose my house?
2007-01-08 02:47:44 · 6 answers · asked by Cheryl C 1 in Business & Finance ➔ Renting & Real Estate
Ultimately, you should talk to your lawyer about this one -- there may be state-specific rules that dictate how the property passes on, but I think it depends on your mother's will. If she left her estate to be split equally between the siblings, then it will be partially owned by all of you, until you decide amongst yourselves how to deal with it. I think technically, since you still have a mortgage on the house, the amount owed on the house ALSO passes to whomever is named in her will as recipient of that portion of her estate, so if the house were given to your brother or sister and not you, the responsibility for paying the rest of the mortgage would also pass to them. I would think that given your situation, your siblings wouldn't do anything to put you out on the curb (well, I don't know your family, so I suppose anything's possible, but that would be pretty cold); you may wish to discuss it with them in the presence of a lawyer (if your mother had one, he or she would be the best start, because they're familiar with the conditions of her will... she had one, right?)
My condolences on your loss.
2007-01-08 03:01:08 · answer #1 · answered by theyuks 4 · 2⤊ 0⤋
How did you get the mortgage in both of your names and the deed was not recorded along with the mortgage? All the lenders normally when closing want the person on the mortgage no matter how many want all persons on the deed also.
Unless after closing of you and your mother removed your name for some reason.
If there is no will your mother's property will go through probate. Everything being equal, your siblings will be awarded a part of the estate or as the state laws dictate in Illinois.
Apparently you are concerned and feel as if there will be some type of problem. I suggest that since it appears as if all your brothers and sisters will share in some way this house you and your mother had together, that you try and make a deal to buy out your brother and sister's share of the estate,especially the house.
You need to get your family a probate attorney, there is nothing legally that you can do to get the property transferred to with going through probate.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2007-01-08 03:18:50 · answer #2 · answered by Skip 6 · 1⤊ 0⤋
You have plenty depending on where you live. I don't understand that you both have your name on the deed but not the mortgage? Normally the mortgage company holds the deed(title), you have rights, how long have you both lived there? If over six months you have the same rights as a wife, but you need to see a lawyer to know all your rights. Best wishes
2016-05-23 10:22:13 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Look at the deed. Some joint tenancy (type of deed) specifies the right of survivorship which means the title automatically goes to you. If you bought the house together, you might remember what you chose to do. If there is no will, and if you didn't have the right of survivorship, unfortunately, the half of the estate will go to you and your siblings. Your siblings could decide to sell their share. You could either negotiate the price and buy it from them or sell the house and take your share of cash (which is one half plus whatever portion you have on the other half).
2007-01-08 03:06:04 · answer #4 · answered by spot 5 · 1⤊ 0⤋
The biggest question is whether or not she has a will and who will be appointed as the executor of the estate. If there is not a will, the executor of the estate (which can be you) will make those decisions. You may want to ensure you and your siblings are on the same page, though. If they do not agree with your decisions, they can sue you later. It might even be best to get an attorney to help you through this tedious process.
2007-01-08 02:57:15 · answer #5 · answered by Katie 2 · 2⤊ 0⤋
Will? Died without will? You need to show the elements of the estate distribution or the city/county is not going to allow a transfer into your name. Your siblings have a right to estate assets from your mom's estate unless there is a will or other document specifically showing different distribution intentions.
2007-01-08 03:03:36 · answer #6 · answered by K Man 1 · 0⤊ 0⤋