Q: How do I handle this next step of securing my property in when it was accidentally submitted into probate court?
In 2019 my grandmother gave me her property. She signed a DPOA for me, she signed a DPOA with special instructions of a bill of sale, And she signed and a quitclaim deed. Each of these documents was notarized with a witness and delivered to myself back in 2019. They have been safely stored in my storage since then. I Just found out that my grandmother has passed away when I was and notified my house was listed for sale. I immediately recorded my deed to the accessor. I checked the courts and found my aunt had entered my home into probate. And has become administrator of estate. She claimed that the will has been "lost". I have since contacted the mortgage company with proof of ownership to assume the remaining loan into my name. And have put myself into calendar for the judge. I need advice on what steps to do and what is absolutely vital to make sure of please. Also, what will happen if I sell the home myself instead? Thank you. I am so confused what to do and what forms to file next.
A: This forum is meant to answer questions of a general nature. You need to hire an attorney to provide personalized advice and hands on assistance.
A:
To secure your interest in the property, promptly file a petition with the probate court to determine the property's ownership, presenting all the notarized documents that prove the property was transferred to you prior to your grandmother's passing. This includes the durable power of attorney (DPOA), bill of sale, and quitclaim deed. It’s essential to also formally notify the court and the estate's administrator of your recorded deed and claimed ownership. Should you choose to sell the home, ensure that the title is clear and the probate court acknowledges your ownership to avoid legal complications.
Selling the home without resolving the probate issues may result in legal challenges from the estate or potential buyers. Engaging an attorney with experience in probate and real estate law is highly advisable to guide you through this complex process and ensure compliance with all necessary legal steps. Remember, any actions you take in regards to the property should be in accordance with the court's directions and after seeking appropriate legal advice.
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