Q: My mother recently passed away and the deed to the house is still in her name.
One provision of my mothers will states "All real estate that I own at the time of my death shall be treated as though my Executor were the owner thereof from the date of my death until such real estate has been duly transferred in the administration of my estate." Is there a law that limits how long the deed remains in her name after her death?
A: There is no time limit. But her will should be submitted to the probate court and her estate opened. Any family member can file with the court asking the court to be appointed executor to carry out the terms of the will, even if she nominated someone else to be executor in her will. It is the probate court that makes the final determination and appoints the executor. If the person nominated in the will to be the executor is not starting the probate process promptly, then the probate court can appoint someone else if they apply to be executor. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you.
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