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I live in philadelphia I have letters of Admin. I want to put deed in my name. Everone signed off probate done.
Philadelphia, PA
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Posted about 1 month ago in Real Estate
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I was told at city hall since I have letters of Administration I have to take that to title or realestate office with copy of deed and have them put it in my name and notarize it. Then take it to Office of records to record it. My mom died in 1992.Probate inherintance tax disclaimers have all been filed or done. I want to put deed in my name but keep being told there is another step each time i try to have it done. Is this the last and right step with letter of administration to realtor to put title in my name?
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Answers (2)Steve Fromm
This attorney is licensed in Pennsylvania.
Posted about 1 month ago.
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You need to retain a lawyer to complete this matter. It would appear that you need to have a new deed drafted. That deed needs to be done carefully since it is a transfer from an estate to a beneficiary. There are also related forms that must be filed with the city and possibly Harrisburg. This matter needs to be done carefully, if not when you later try to sell the property a title company may have problems with what you have done.
Hope this helps. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in Pennsylvania and can be reached at 215-735-2336. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. Lloyd Alfred Welling
This attorney is licensed in Pennsylvania.
Posted about 1 month ago.
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I agree with Attorney Fromm, you most definitely want to retain an attorney to assist you with this matter.
You indicate that your mother passed away in 1992 and yet the Deed to the property is still in her name. You also indicate that you have obtained Letters of Administration and that the probate process has been completed. When did this occur? Back when your mother passed away? Much more recently? Did you have an attorney assist you with the matter? If so, why didn't he or she finish the matter and prepare a new Deed? If you have handled the administration of the estate on your own, have you filed an estate Inventory, a certification of notice to the heirs, an inheritance tax return, or a status report? All of these things must be done carefull or, as Attorney Fromm indicated, you will have title issues down the road. The type of Deed that you need to have prepared is called a Fiduciary Deed. Namely, in your capacity as administrator you have the authority to make the transfer out of your mother's name and into your name alone. However, even though you have indicated that "everyone signed off", I would suggest that if you have siblings you would still want them to be referenced in the new deed and to sign off on same. The Recorder of Deeds Office is not going to make this kind of transfer for you. Likewise, it would probably be an extremely bad idea to have a Notary or some other non-professional assist you with this sort of thing. Get an attorney and make sure that the transfer is done correctly. It will be well worth your time and money. Good luck. Lloyd A. Welling |