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How do I put my deceased parent's house in my name ?

Lehigh Acres, FL |

My parents who are now deceased ( mom 1982 and dad 2010 ) , have a house in Chicago , Illinois which I am going to be moving into . I would like to put this house in mine and my husband's name . How do I go about doing this , and is there any cost ? I am their only child , and there was no will .

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Attorney answers 4

Posted

Simple. You will need to Open a Probate and affirm that you are the only child and that your Dad passed away 3 years ago 'Intestate' (meaning he had no Will in place when he died. I recommend you meet with a Florida-licensed Estate Planning attorney and get this underway. You'll be glad when it's over - and you'll have the property in your name. By the way, you need to get your own Estate Planning 'house' in order as well. Good Luck!

Posted

If the house is in Illinois you will need to open a probate action in that state. It's a simple fact of life. Once a person is dead, he can't sign a deed to transfer title. You have to visit the court. Not only do you need to deal with dad's estate, you need to address mom's death, too.

Posted

Mr. Potter could not be more correct and to the point. A probate attorney can handle this for you, and the cost for an attorney will probably more than pay for itself in the man-hours and research time you'd need to spend figuring out how to do it yourself. Especially if you are still in Florida, an attorney will necessary at minimum for the initial hearing. Shouldn't cost much more than $2k for an attorney, a couple hundred for the filing fee, and up to $400 for an appraisal.

You should also contact a mortgage specialist. You'll want to refinance if possible. And you'll want to refinance as SOON as possible. Rates are climbing back up quickly

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

Posted

Agreed-probate attorney can assist you in the procedures to transfer the property.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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