Q: property transfer without will next step
hello i need to know what my next move needs to be my mother passed 4 years ago and the property is in the estate of kathy but in c/o michael denson (myself) and my wife that i have been seperated with for 10 years is thretning to take my property my mother left a written will that is no where to be found i need to no what i need to do in order to get the property into my name
A:
Several parts of your question don’t make any sense. An “Estate” is not a legally cognizable entity. As such, title to property is not held in the name of “Estate of Kathy.” That is a nonsensical designation of ownership.
When you mother died, her estate would have been probated whether she had a will or not. “Estate of [Decedent’s Name” is a probate designation indicating that your mother’s estate was, in fact, probated. The “c/o Michael Denson” suggests that you were appointed as the personal representative of the estate by the probate court.
For you to inherit property from your mother, there necessarily would have been a probate proceeding. If you are her sole heir and she didn’t have a will, the Order Determining Heirship made by the probate court would vest legal ownership in you.
A:
It sounds like the Central Appraisal District ("CAD") lists the Estate as the owner. If your mother's will wasn't probated, schedule a meeting with a probate attorney. Even if you can't find the original of your mom's will, you still need to meet with a probate attorney to help you get the property legally transferred to you.
By the way, your wife would have nothing to do this property. Inherited property is separate property, not community property. So, a wife wouldn't typically have a claim to inherited property. Again, go see a probate lawyer to be sure.
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