Q: I inherited a home from my Mother. I have durable power of attorney and a will. The will was signed by my Mom.
With three witnesses signatures as well. In the will she left everything to me. I have four siblings and no one will contest. The will was not notarized. With these documents can I get on title immediately.
A: You will need to probate the will before you can take title to the property. The procedure involves preparing and filing a petition for probate, having the will admitted to probate and getting someone (you, or whoever is named as executor) appointed to administer the estate. From that point on, there are a number of steps that need to be taken, including notifying creditors, before a petition for distribution can be filed. No assets get distributed until the court authorizes distribution. Unfortunately, this can take some time. You should consult with an experienced probate attorney near you for advice and guidance.
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.