Q: My husband died 16 years ago. A vacant lot paid for is in both our names. Our home still being paid for is also in both
our names. All the children are grown and out of the house. There was no will. How do I get the properties in my name?
A: If your husband left a Will, you can still probate it to transfer title. If not, you should file an Affidavit of Heirship in the county deed records.
1 user found this answer helpful
A: In your questions, you state there was no will. So, you have two options. If you're going to hang on to the properties, the cheaper option is called an "affidavit of heirship." If you want to sell within the next five years or so, it might be better to do the title transfer the normal way, which is called a "determination of heirship." This second option is more ironclad, but you do have to have an attorney help you.
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.
