Q: My aunt never removed her name from house deed after my father bought it. He passed and now she is trying to take it.
My father passed in 2022, no will as I am the only living child. My aunt owned the house in the ,80s and my dad bought it in the early 90s. She and her ex husbands names were still on the deed. They paid some of the past taxes and now are claiming it is their house.
What can I do?
A:
I'm sorry to hear about your father's passing and the difficult situation with your aunt. Here are some steps you can take to address this issue:
1. Gather documentation: Collect any paperwork that proves your father purchased the house from your aunt in the early 1990s, such as a purchase agreement, mortgage documents, or receipts.
2. Probate: If your father did not leave a will, you will need to go through the probate process to be appointed as the administrator of his estate. This will give you the legal authority to handle his assets, including the house.
3. Consult with a real estate attorney: Given the complexity of the situation, it is essential to consult with a real estate attorney who can review the documentation and advise you on the best course of action to remove your aunt's name from the deed and establish your ownership of the property.
4. Quiet title action: If your aunt and her ex-husband refuse to cooperate, your attorney may recommend filing a "quiet title" lawsuit. This legal action aims to establish ownership of the property and remove any other claims to the title.
5. Negotiate: If possible, try to reach an agreement with your aunt and her ex-husband to avoid a lengthy and expensive legal battle. Your attorney can help you negotiate a settlement.
Remember, it is crucial to act quickly and seek legal guidance to protect your rights and your father's estate. Keep all relevant documents organized and be prepared to provide them to your attorney as needed.
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