real estate deed transfer (fees, insurance, property, lawyer)
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My mother died 23 years ago. My brother lived with my mother and contiued to live in the house and paid all taxes, etc. after she died. She made it clear to me(his sister) that my brother should have the house. Unfortunately, my brother never had the Deed put in his name. He would like to sell the house. What does he have to do?
Even if the deed was in both names, there needs to be, as Silverfall said, a probate of the estate. Did your mother die intestate (I'm assuming that is the case) so you will need to go to court to have an administrator appointed. You can "opt out" of receiving anything from the estate thereby leaving your brother to inherit everything after fees and taxes - assuming it is just the 2 of you with no other heirs. Your brother (and anyone else inheriting any property (not specifically limited to land/house but all jewelry, china, silver, etc.) will have to pay estate taxes (probably with interest) back to the date of death of your mother.
I strongly suggest you at least consult with an attorney, even if you decide to handle this yourselves. You can find a low-cost initial consultation through your local Bar Association Lawyer Referral Service. Generally the fee for a half-hour consultation is less than $100 - and it would be money well-spent.
Actually my Mother did not die w/o a will. I have a copy signed by My Mother, her lawyer and a Witness, The original was apparently with the lawyer The assesment of my mother's property was done and I had my Waiver and Consent form noterized and forwarded to the lawyer. Apparently my brother's lawyer got sick and died w/o filing the Will I checked the courts...made contact with the witness and the lawyer's family...they don't have the original.
The only assest is the house and my brother is the sole beneficiary. he's has paid all taxes , made repairs etc never was a question that house belong to him......it was my Mother's wish and my objective is to get the house in his name. I'm shocked he never had the deed changed...what a mess.
You definitely need an attorney. For some situations like this there might be a title company that would issue a policy after you provide them with a death certificate. After all, many people die and there estate doesn't go through probate; and yet, their heirs are able to sell their property by making sure they can get title insurance on it in order to ensure the borrower's interest. But be sure to get legal advice first.
Actually my Mother did not die w/o a will. I have a copy signed by My Mother, her lawyer and a Witness, The original was apparently with the lawyer The assesment of my mother's property was done and I had my Waiver and Consent form noterized and forwarded to the lawyer. Apparently my brother's lawyer got sick and died w/o filing the Will I checked the courts...made contact with the witness and the lawyer's family...they don't have the original.
The only assest is the house and my brother is the sole beneficiary. he's has paid all taxes , made repairs etc never was a question that house belong to him......it was my Mother's wish and my objective is to get the house in his name. I'm shocked he never had the deed changed...what a mess.
The problem is this: without the original will and having closed the estate, you are faced with an intestate situation. Your brother was unable to "change the deed" - and that requires a transfer of the property. Deeds are not changed; ownership of real property (land) can only be changed by transfer through a deed.
Well, where is the deed? Did she sign a quitclaim deed before she expired?
If she did sign that deed before she died, then all he has to do is file it.
If there is, indeed, any deed with your brother's name on it, not having filed it 23 years ago or 50 years does not make it invalid. File it soonest.
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