Q: Person listed as tenant in common with his sister dies intestate with no spouse and 2 kids. Deed never transfers to kids
If the surviving sister wants to sell the property years later how can she do so if there is no paperwork showing the heirs have rights to the deceased's stake in the property. She knows they would have a claim to the property from their fathers stake. Can she transfer ownership with a quitclaim deed? Is it possible to get the heirs to sign their rights away somehow as part of the transaction even tho they are not listed on a deed? What forms would she need for this?
A: If the deceased sister did not devise her interest in the property to her children through a will, the surviving sister would likely be entitled to assume sole ownership of the property. If the deceased sister's estate is still in the probate process, the surviving sister could secure an order from the probate court to effectuate the transfer of interest. There may be other issues, however, which could complicate this matter. I advise you to speak with an probate attorney with litigation experience.
A: An Affidavit of Heir ship will be the source of title in the legal description for the real property. You need a competent attorney to determine heirship and draft a good deed. Probate will probably give no benefit, and generate problems and expense.
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