Q: My mom died and I own property with her. Do I have to have someone assigned to be her representative?
We are in litigation with a man over the property and entered into a mediation agreement. My siblings don't want anything to do with probate and it is mine and my mother's name on the property. She didn't leave a will she just put each person's name on each account or property that she wanted it to go to. We have a lawyer and he wants me to have someone assigned to be her representative to sign the deed for her. I wanted to know if she's dead and the property is now solely mine why she needs a representative?
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A: Most likely the lawyer wants an Administration of her Estate by a Personal Representative. Mother is dead so noone can represent her. If possible get an Affidavit of Heirship executed as the source of title, then get your siblings to execute a Quit Claim Deed to you. But your Mother's Estate might have damages against the other litigant, so he needs Probate to continue. You all need to consider the ongoing suit, and whether it is worth the trouble of Probate just to continue it.
Kevin M Rogers agrees with this answer
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