Corinth, MS asked in Estate Planning and Probate for Mississippi

Q: What do i need to do to to get the house in my name?

Grandmother left the house to my uncle through a warranty deed. Uncle passed 6 months after grandmother. Uncle left house to me through a will. Uncle never went and did anything to have the house put in his name other than the warranty deed grandmother did. What do I do now? I am the only one named in his will, he had no surviving wife or children, the next closest of kin is 2 nephews( me being 1) and 1 niece. Uncle was also the closest living heir to grandmas property too with the next closest being us 3 grandchildren, if that matters

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1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: If the Will is not filed for Probate then Uncle's Heirs own the property as tenants in common. If you and the niece are the only heirs, then you might get her to deed her interest to you, with a derivation clause describing heirship. Whatever you do, hire a competent MS to search the title, determine heirship, then either Probate the Will or record an Affidavit of Heirship if all heirs will not deed over to you. Someone has to pay taxes and any debt on property.

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