Q: How long do you have to transfer willed property into your name?
My mother and her sister inherited a home from their mother in 2011. Their brother has been residing in it since that date. Neither my mother nor the sister cared to do anything with it legally yet. However, my mom is in stage 4 cancer and has a few weeks to live and I have been made her executor. She doesn't want to put her brother out by doing anything, so she didn't specify in her will what should/could be done with that property but said I can choose to move forward if I want for me and my siblings. Is it too late to claim her part of the inherited home?
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- Indiana
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A:
This is a very good question! However, a good answer requires more information and will be complicated no matter what. When you say they inherited this home, was it through an estate? Is there a deed in their names? If so, the deed would have very important and valuable information about what happens to that property if one of the two sisters die. As a result, it’s not yet possible to answer your question.
Furthermore, you make mention of a will. Usually, professionally prepared wills will give instructions for disposition of real property, and they won’t necessarily specifically identify the property in the will.
I’m sorry to hear about your mother, but if she (and probably her sister too) works with a good estate planning lawyer, they can figure out how to allow for their brother’s continued occupancy while at the same time ensure the desired transfer of legal ownership. It may seem cliché, but attorney involvement is an absolute must here. I strongly suggest your mother and her sister contact an attorney in the county in which they live. Good luck!
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