Q: I'm one of 3 people as tenants in common on a deed. 1 died 30 years ago , 1 is 96 yrs old. How should I proceed?
The one who died is my brother
and his wife also died long ago.
They have 4 adult children.
The 96 year old, my sister, lives in the condo in North Carolina.
Should I now explain the situation to my brothers's 4 children and send a copy of the deed? Should they now take steps to establish their 1/3 ownership? 8.33% each. Should we then change the deed to show their part ownership? Should I attempt to buy their part ownership to simplify the situation?
I live in Florida and just found out last month that I was on the deed. Don't believe my brother had known either. We only thought we had cosigned back in 1979 to help our sister qualify.
A: Even though your brother and his wife died along time ago you still may need to have estates for both persons to determine who owned their share as a result of their dying, then you can get deeds from the children of your brother and his wife. At this point you would be able to get a quit claim deed from your sister in North Carolina if she is capable of executing a legal document. In any event you should consult with a probate attorney who is also knowledge in real property law to have this done for your properly.
Nina Whitehurst agrees with this answer
1 user found this answer helpful
A: You will need to hire a probate attorney and open probate estates for each of the deceased people for their share to be transferred to their heirs by a court order. Then the heirs will have a court order authorizing them to sell the property. There is no other way to transfer the property from the name of the deceased owner to the current heirs. There is no deed that can transfer this interest of the deceased person to the heirs--only a court order in the probate case works to transfer the property interests to the heirs. You are welcome to call my office for a free phone consultation to discuss the estate process. We handle summary administration (small estate administration) anywhere in Florida for a flat fee.
1 user found this answer helpful
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.