My mother passed away recently I need to have some land that was in her name put in my name.

Asked about 2 years ago - Brooklyn, NY

The land is in Orange County Virginia , we live in Brooklyn New York . When we receive the bill the the estate is In my great grandfather's name, and my mother's name is below. I have been paying the real estate taxes with my credit card for about three years. I would like to sell the land as soon as possible.

Attorney answers (4)

  1. Sharon Melissa Siegel

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . The critical fact is where mother was domiciled at the time of her death. If NY, then you will nedd to do an ancillary proceeding and if VA, then you nEed to do an administration oR probate proceeding..the determining factor of who owns real property is the deed, not the tax bill. However, if your father predeceased, perhaps the deed was never changed to your mom's name. Consult a lawyerr.

  2. Richard Bryan

    Contributor Level 9

    1

    Lawyer agrees

    Answered . You're not going to be able to sell the land so quickly. When your mother died, did you go through the Surrogate's Court in Kings County (Brooklyn) to finalize her affairs? I work here in Manhattan with a lawyer who is also licensed in Virginia, so we can help you figure this out.

  3. Eric Jerome Gold

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Ms. Siegle is correct. You should consult with a probate attorney where your mother resided at the time of her death for fact specific guidance in processing her estate.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  4. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your summary is long on potential issues and very short on facts. An attorney needs to review the DEED for the property to find out if your mother owned it, or it was owned by her estate and your grandfather's estate. That will determine if you have one or two estates to probate. If you have other siblings or if our mother was married at the time of her death, then things get much more complicated. I would have an attorney review this, right away. (A Virginia attorney would be best.)

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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