to the deed does she have to probate her will or can we just add me to the deed my mom is 74 and i am 52 i care for my mom and take care of her so there would be no one eles
the deed is in both my mom and my dad that recently passed there is no mortgage on the house just an equity loan we are trying to remove his name from and place my name in place my name there along with my mother what do u suggest to have my deceased dad removed and will how do we get his name off the deed and my name on with my moms my mom has not passed away we just want to remove my dad and replace it with me we had a notary tell us she should probate her will while she is living i didnt think that was true
The facts are not entirely clear. How was title held by your dad? In his name alone? As joint tenant with your mom? Please provide. First title needs to be cleared with your dad. If title was in his name alone, his Will would need to be probated to transfer title to your mom. Once your mom has title she can transfer the property to you and her as joint tenants with rights of survivorship or transfer title to a trust that provides for you on her death.
Note, if you have any other siblings, make sure you're mom has independent counsel because your siblings would claim undue influence.
Your mom's Will is only effective on her death.
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I'm sorry for your loss. You state that your father passed and then that your mother made a will in which you are given all her property. Did your mother recently pass as well because you ask about whether she needs to probate her own will. The personal representative of the estate needs to get the will probated for any real or personal property the deceased owns that does not pass automatically at death, such as property held as joint tenants with survivorship rights or life insurance proceeds. Depending on how the property is held, you may need a fiduciary deed to transfer the property. From the facts given it is difficult to say what you should do other than consult a probate attorney to assist you with this. Best of luck.
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There are several variables that I would need to know in order to give a full analysis. In fact, you may not need to change title until after her death, and then you can file a joint probate. This will save you money, as you will not have to do two probates and two separate deed transfers.
In addition, doing this now could constitute some sort of gift, and would prevent you from taking full advantage of the step-up in the home's basis - as the underlying value will be increased to the value at the time of your mother's death. If you do so now, the value of your father's portion will be set at the value at the time of HIS death - and thus you would lose a very beneficial tax benefit by doing so now.
Next, you say there is no one else but in fact there might be, as i would need to know more about your family. You may not have authority to transfer this property solely to your name if their are other heirs - and would be begging for a lawsuit based on undue influence or fraud - even if that is not the case.
So you should review the situation more in depth with an attorney.
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