how will I transfer property when person is deceased?

Question

My husband and I have entered into agreement with his sister who is power of attorney for her mother in law. Her mother in law owns house. I drew up agreements best I could. 1. Agreement for deed 2. Lease to purchase agreement 3. Lease. They were all filed at county courthouse. Along with the power of attorney. Agreement is for $50,000. no $ down, just $400. a month and I pay all taxes as of agreement. Agreement is for 10 years, no interest. She pays for all back taxes with lease to purchase payments. How will we transfer ownership/File Deed when her Mother in law has passed away? Thanks for any help.

Answer 1

depending on your location, the probate or similar court appoints an administrator [or similar] of the estate of the deceased. after this appointment is recorded, the administrator then transfers property to the estate via the usual means.

After that, the estate may sell or otherwise transfer property as the Will indicates via the normal documents, possibly with a supplement refering to the authority of the Probate [or similar] Court.

A local real estate attorney can handle all the details, including providing appropriate forms that actually work in your state.

***
That said, I STRONGLY advise you to find and consult that attorney NOW. It would be quite common for your sister-in-law to be named in her mother-in-law's Will as Administrator of the Estate.

If so, the MOMENT your mother-in-law dies, your sister-in-law is legally bound to do her utmost to honor the terms of the Will, EVEN IF that means transfering the remaining interest in the house to someone other than you, or to someone who may demand that you make immediate payment of the balance because the documents you drew up are flawed.

Of course, I do not know that your documents are flawed. However, if they are and this is discovered after the lady is deceased, it is TOO LATE to go back and correct any flaws. Your sister-in-law will then have no authority as power of attorney over the woman's affairs [even if she is now the administrator].

You are, quite possibly, in danger of losing everything you've paid and being evicted without compensation. You NEED that lawyer to set the agreements to rights.

GL

Answer 2

You don't want to find out you made a mistake in those papers after your mother in law passes.

Your husband's sister's power of attorney MAY not survive your mother in law's death.

You need to go real estate attorney or title company and pay them a few hundred bucks to make sure it's done correctly.

The personal representative of a decedent's estate gets authority from the probate courts to dispose of assets after a death assuming the dead person had a valid will.

Otherwise the court will appoint an executor and the estate will be divided according a state formula. A mess you do not want to become involved in.

Answer 3

Consult an attorney who practices estate law.

Answer 4

Depending on how title was taken, if the mom-in-law took title with dad-in-law as joint tenants then the husband will sign an affidavit of death and record that document transferring title to whomever he wants.

Answer 5

Don't do things the best you could. That's why you are asking this question now. Get a hold of a lawyer and get advice, something you should have done at the start.

Answer 6

i'm getting into a brilliant number of money quickly & i'm no longer death & no longer faking my death. My family members contributors is basically no longer alive when I get my money & no longer getting a crimson cent. My young little ones, grandkids, Lanisha & myself could have money & my family members contributors would be positioned to death for his or her crimes against humanity and that's very final. no person is getting my money simply by fact i'm functional, sane, & able to coping with my very own monetary affairs and the money is mine & my family members contributors die. As for you- if somebody died and did no longer pass away you any money pass on.

Answer 7

a real estate agent cannot not be consulter as it is unluawful becuase he is not an atrny you need to contact a lawer

Answer 8

use a lawyer