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

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. 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. 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 licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

  3. 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 Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

  4. 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.

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