Q: My father committed suicide in 2006 & left No will how can we get my moms name on the deed or sell it?
We have paid the mortgage prior to his suicide & have continued to do so for 13 years. My father left no will. He killed himself in this house after trying to murder my mother in front of me so we both struggle with PTSD & its not a healthy environment for us. Please advise
A: If your father's only children are also your mother's children, ask two people who can witness to this sign an Affidavit of Heirship before a notary public and record it in the county deed records.
Tammy Lyn Wincott and Kyle Robbins agree with this answer
A: If your father only had children with your mother, then your mother can have an Affidavit of Heirship prepared so she can sell the house (assuming they were married). If he did have children from a previous relationship, then you might still be able to do this, but it gets more complicated because the children will also be heirs.
Tammy Lyn Wincott agrees with this answer
A: I am sorry for the trauma you and your mother have suffered. I suggest filing the Affidavit of Heirship referred to by the other attorneys. It is most likely the least costly and most efficient way to transfer title when all children are of the same marriage. It gets more complicated if your father had children from another relationship.
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.