Do I need to create a deed or can the records office do it for me?: My grandmother died in 2017 and she had one property, which is the home I grew up in, and currently reside in. I have her Will in probate, which I am the executor of, and i have recently paid off the inheritance tax. I also have a copy of the original deed, which has my grandmother, her heir(s), and any person she appoints, to be the rightful owner of the deed. So would that mean, according to the language of the deed, that I'm the legal owner? What is my next step? As in do I need to write up a new deed, or have someone (professional) write it up, or is it possible, since I'm the heir and the house is given to me via her Will, and deed, that I could have the local records or register of wills office write me up a new deed? Is that what I'm looking at here? Thanks for the help!
Yvette’s answer: I agree with my colleague. As a probate attorney, I often address this issue. You do want to make sure you get a new deed with the assistance of counsel to make sure it is done correctly. Do not allow time to pass with the deed in your grandmother’s name. As the Executor, you are authorized to transfer the property per your grandmother’s wishes as documented by her Will.
My first cousin has been diagnosed with pancreatic cancer, she has no siblings left only her mom? :
Cousins mom is 99 years old and incoherent in a nursing home! Cousin only has three cousins 1 first and two 1st but once removed.
In this case who would administration of her will, assets and more importantly the care for my Aunt?
Yvette’s answer:
Thanks for your inquiry and I hope this is helpful for your cousin.
Your cousin should make sure her Will is up to date and she has named an Executor who is ready, willing and able to administer her estate. It is not clear from your inquiry how the healthcare of your cousin's mother is being paid. Your cousin should address these matters now. Continued payment of long term care whether private pay or Medicaid should be explained to others she will leave in charge. Who will serve as an agent or guardian for the mother? The latter requiring court proceedings.
No further advice can be provided without more facts.
How can we know if this lawyer is taking advantage of my Aunt who is an elderly sister of the deceased?: My Aunt died over a 18 months ago and her Estate still isn't closed. We are getting the feeling this lawyer is milking the Estate.
Yvette’s answer:
I agree with the comments from colleagues.
We do need more information to provide further guidance. If the inheritance tax has been filed, it will form a part of the probate records at the Register of Wills. The file is public so you could review what has been to date if the Executor is unable to give you an update. Good luck and let us know if you have further information and questions.