Q: My spouse died 13 years ago, and I don't have her will. She had 2 children. I've decided to sell house. What do I do?
Will was never probated, didn't seem neccessary. Only thing we had was house. car, and her personal effects which the children got. They support me selling the house.
A:
Two witnesses who will not inherit may be able to sign an Affidavit of Heirship to transfer title to the house and a similar form to transfer title to the car. The first must be filed in the county deed records. The second with DMV.
If the children are not your children, your wife's interest passes to her children.
If they want to gift their interests to you, talk to a local probate lawyer about having them file a Form 709 and avoiding gift tax.
A: You may be able to file the will as a "Muniment of Title" which would serve to establish ownership in the house. A will is required to be filed within 4 years of death; however, there are circumstances that may prevent it and the Court will still recognize it as a valid will. Contact a probate attorney in the appropriate jurisdiction.
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.
