Asked in Real Estate Law and Probate for Arkansas

Q: How can I get legal transfer of diseased mother's home.

My mother passed away in 2008 without a will. I had 1 brother and 1 sister at that time. We peacefully divided all of her belongings. Her home had a loan on it and neither of my siblings wanted to assume the loan or fix the home and sell it. They both provided a letter stating they had no interest in the property. The lender stated that I could just continue making the payments and that the letter from my siblings was all that was needed. I have been using the home as my vacation home and have been paying all payments, insurance, taxes, maintenance and improvements since 2008. I would now like to sell the home but first need to have it transferred to my name. My sister is still living, but my brother has since passed. The home is valued at less than 70K today.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Probate Lawyer
  • Knoxville, TN

A: You will need to hire a competent attorney to determine heirship, as the Mother's heirs probably own the property. Then record an Affidavit of Heirship. Finally ask the other heirs to quit claim deed their interests to you with the Affidavit listed in the derivation clauses as their source of title. If some buyer demands a Probate, sell to someone else.

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