Q: My father left a house to my mother, myself, and my 3 siblings... title reads "Tenants in common, with R.O.S.
Mom and my sister passed with no heirs, no family except myself and my 2 brothers. My question is how long would it take to get this cleared up with probate court? We took death certs and filed with county assessors office with affidavits, but that isnt enough for title company to allow us to sell the house. We must address the "Tenants in Common" part of it... Also.. selling the house is a time-sensitive issue. We have buyers with check in hand!
A:
Dear Benica:
How long would it take to clear this up? Well, if there were no objections (and if everyone effected agreed) it could be taken care of in one hearing (courts are running these 30-45 days out as a general matter.)
The problem the tile company is concerned about is that the deed relating "Tenants in Common with Right of Survivorship" is contradictory to some degree. Tenancy in common does not include a right of survivorship, while a joint tenancy does. The title company is concerned that an heir who is not one of the join owners will later claim that the deed is invalid.
When property is held with joint ownership providing for right of survivorship, a decreased owners share goes to the surviving owners. But, without right of survivorship the deceased owner's share passes to the deceased owners heirs (of if there is a trust involved, beneficiaries).
Based on what you said, neither your mother or sister had any family other than you and your two brothers. Assuming that you mother and sister where not married at death, and had no will, intestacy would distribute their estate to you and your brothers. This would make the procedure to clear title simple, although there are a number of procedural issues that you would need to comply with. (For example, a probate of you mother's and sister estate would need to be opened to provide the legal authority for someone to represent their interest.)
I would speak with a knowledgeable attorney in the probate and trust field to give you a better picture of what you are up against. A knowledgeable attorney will know how to streamline the processes depending on your exact facts. If you do not know where to find an attorney, you may wish to consider calling your local county bar association. Most have attorney referral services that provide a no or low cost consultation with an attorney.
Best of luck.
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