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My Step-father, Leo, died on Jan. 25, 2008 -- he had ...
Sent to Legal Experts March 31 11:42 AM

My Step-father, Leo, died on Jan. 25, 2008 -- he had no will. He and his first wife, Irene, jointly purchased a home together about 50 years ago. They had three children together. She died in 1967. In 1968 he married my mother, Betty. At the time of their marriage she moved into the home he'd purchased with Irene. They lived there together until his death two months ago - Betty still resides there. Betty and Leo had no children together, but she had three children from her first marriage, one of whome has lived in the home for 39 years and is now her care-giver (Betty is 87). We've recently discovered that Leo never removed Irene's name from the house deed or added Betty's name to it, even though she's occupied the house for almost 40 years and helped him pay off the mortgage. Now he's deceased and we'd like to have the house transferred into my mother's name. What needs to be done and where do we even begin.

Customer (name blocked for privacy)
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March 31 11:47 AM (5 minutes and 18 seconds later)
         
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March 31 12:03 PM (16 minutes and 5 seconds later)
         
Do Leo's adult children have a claim on this house? Oldest two haven't lived in the home since Leo & Betty marriage (both were already married by 1968) and the youngest lived there for approx. 10 years while still in school.
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March 31 12:07 PM (4 minutes and 3 seconds later)
         
Just one more thing. What's likely to happen with the house if we do nothing? Who is responsible for maintenance, upkeep, taxes, and insurance?
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March 31 12:08 PM (1 minute and 8 seconds later)
         
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Probably not but since Leo and Irene both died intestate,the laws may require that their children be notified of the succession process and that's why I want you to get a good probate attorney to protect your mothers interest and make sure everything is done to the letter of the probate laws.

If you do nothing then your mother could have problems later concerning the ownership of the house and if she doesn't pay the taxes, keep the house up, etc then it could get foreclosed on for taxes by the county. Also, should she die and want to pass the house to you the cost will be ridiculous since you now are dealing with three levels of predecedents and technically it is not her house to pass to anyone or to even live in so I highly recommend she get this straightened out.

If you found these answers helpful please accept so I can continue to help others like you in the future. Thank you.

 



Edited by Bill F. on March 31 2008 at 12:10 PM
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March 31 12:31 PM (22 minutes and 23 seconds later)
         
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As a party who has handled a fair amount of estate and probate work in my practice I would like to provide some different insight.

Because Leo and Irene owned the house jointly, their ownership would have been in survivorship form. That means that after the death of Irene, Leo owned the house alone. There is no need to do any kind of estate administration for Irene to pass her interest on to her heirs or otherwise worry about "probate succession". Depending on your state's procedures, it may or may not be necessary to either file a copy of her death certificate or otherwise sign a document that testifies to the fact that she had already passed away.

The only thing that you need to worry about now is getting the house to Betty. Because Leo died owning the house solely in his name, it must pass as part of his probate estate. Both Betty and his children will be heirs to his estate. (The exact proportions will depend on the laws of his state.) (It doesn't matter who lived there, or for how long, etc. It is not the strength of ties that a person has to the property that matters but the fact that they are related as spouse or child to the person who passed away.) That means that mom would end up owning part of the house by inheriting it under the probate process, but the kids would own the rest. In order to own the entire house she will either need to buy out all the different kid's interests, or they will need to gift/assign their interests to her. That is certainly feasible, and we have done it in estate administrations often.

I bring these points to your attention so that you have a better concept of what the issues are (and are not). As a party who handled a lot of probate estates, I can't argue with the advice to see a probate attorney to help with this. But I would suggest that it would be worth everyone's while to have talked ahead of time about whether some or all of you want to gift/assign your inherited interests in the house to mom. That will tell you what kind of procedures that will be needed.

I hope this has been helpful. Let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you. (I'd greatly appreciate it!)

Thank you,

Dan

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