My mother passed away and the house is still in her name.

Asked over 1 year ago - Rochester, NY

I have one brother and two sisters. My sisters and myself are willing to give the property to my brother. How do we go about doing this?

Attorney answers (6)

  1. Mark Michael Campanella

    Pro

    Contributor Level 14

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    Answered . You're unfortunately leaving out part of the equation. Did your mother die with a will in place or intestate? It sounds like you might be making assumptions about what rights you and your siblings have to the property. How and to whom the property passes will greatly affect the answer. Please provide some additional detail.

    If you find this answer useful, please mark it as "Helpful". Likewise, if you believe it is the most responsive,... more
  2. Stephen Richard Markman

    Contributor Level 3

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    Answered . If she died without a will (or "Intestate") and your mother was not married at the time of her death, you four children can execute a deed basically saying: "you, brother, sister and sister, as the sole surviving heirs of the Estate of Mom" convey the property to "brother" - and you can do this without the considerable time and expense of Administering your mother's estate or seeking judicial approval.
    That said, you and your siblings seem to be acting very generously. You are giving up what may be a valuable asset, for no consideration. If you are all convinced that you wish to do this, you should speak to a Real Estate attorney. This can be done relatively easily and inexpensively.

  3. Eric Edward Rothstein

    Contributor Level 20

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    Answered . You may have to probate the Estate.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  4. Noah D. Cohen

    Contributor Level 10

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    Answered . You should have your mother's estate probated (if she left a will) or administered (if she didn't leave a will). Then the sisters could give the property to the brother if that is their desire.

    Although it is possible to do this without getting the courts involved by just having the sisters execute a deed in favor of the brother (as the sole heirs or devisees of the mother) the title that your brother would get would always be questioned. It is better to have the court give it's approval, thereby ensuring that your brother's title would be clear and insurable. It is important when he wants to sell or refinance the property.

    Note: This response is for general informational purposes only. No attorney-client relationship is created. No... more
  5. Yefim Rubinov

    Contributor Level 17

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    Answered . did she have a will or not? Consult a local probate attorney

  6. James Maisano

    Contributor Level 3

    Answered . First, establish if your mother had a will, and then the best route would be to file an action in Surrogate Court to probate (there is a will) or administer (no will) your mother's estate.

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