Q: My mom died, my name is on the deed but no will. What do I do?
What is the process
A: If you are the sole owner on the deed, there is nothing you need to do. But there are other forms of real property ownership, so if you and your mother are somehow both on the deed, it would depend upon how it is worded.
A: It will depend upon how your name is listed on the deed. You may be able to simply file the death certificate of record with the Clerk of Court or you may have to probate your Mom's 1/2 interest. I will depend upon the specific language contained in the deed. You should consult with an attorney to review your deed for guidance. Many attorneys offer a free consultation. Best of Luck! Jennifer
A:
It depends. If you and your mom's name is listed on the deed, then you are at least a partial owner. If you are listed as joint tenants with survivorship then you would be 100% owner. If listed a joint tenants in common then you would own 50% and your mom's estate the other.
So best advice, is to consult with a probate attorney in your area to review the deed to determine what needs to be done.
Good luck, and hope this helps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
