Q: Can someone leave a house that they inherited to a family member if they never transferred the title in their name?
My aunt inherited my grandparents house in 2005. She never transferred the house into her name. As a matter of fact ALL the utilities are still in their name too! My aunt has a will to leave everything to my second cousin (which is a GREAT grandchild). Can she legally do this? Or does the house go to the next of kin?
A: Yes, if she owns the property, she has the right to give it away by Will to anyone she wants. Unfortunately, for the lucky recipient of the property, he/she will need to perfect your aunt's title to the property before he/she can receive it, and that may mean a probate of your grandparent's estate, followed by a probate of your aunt's estate, at substantial cost to the recipient. If your aunt, however, is entitled to the property because she was the named joint owner of that property (on the deed) during your grandparent's lifetime, then perhaps no probate is required because your aunt acquires title by right of survivorship, although an affidavit of death of joint tenant would be required to clear title in her name. Of course, there would still be a probate of your aunt's estate to validate the Will before the beneficiary under that Will would be entitled to the property.
Nina Whitehurst agrees with this answer
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