Q: My mother passed away before making a will. She has house & land in her name. How do I get that in my name to sell?
My sister and I would like to sell the property, but we aren’t sure how to get it in our name. My mother was married to our father when she deceased, but his name isn’t listed on the deed. (They were married for 16 years, then they divorced and she purchased property… then remarried 20 years later) My father wants my sister and I to have the property, but we aren’t sure how to get it in our name since my mother is the sole owner and she’s deceased. Should we contact an attorney to help us navigate through the process.
A: Right now, based on your fact pattern, the house is owned by your father, your sister, and you. Even though there is no deed stating as much, that is still the case. You should be able to sell the property, but all three people and their spouses will have to sign the new deed.
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