The real estate is in her name solely. She passed away without a will. We are considering a tenants in common and granting the life estate to her husband.
Her estate is already in probate with her husband as the PR. He has suggested that we take title and allow him to live there. I am wondering about the fees associated with title transfer.
We are deciding weather to quitclaim or not
How long ago did your mother die? I take it this is a second husband? What fees are you concerned about? He is offering to exchange his intestate share in exchange for a life estate? How old is he? Who is executing the quit claim.
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This question has already been asked and answered. You should retain a lawyer to prepare the deed(s). Perhaps the lawyer handling the estate would be willing to assist you with this for a nominal additional fee. It should not be very expensive.
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Family Law Attorney
I believe this question was already asked. It's relatively inexpensive to have an attorney prepare the transfer deed. You might want to consult with an estate planning attorney to explore the ramifications of different types of transfers.
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Estate Planning Attorney
I am sorry for your loss. If I understand the situation from the facts you have given, you mother died intestate (without a will), therefore, under MN law, her husband would receive the life estate and you and your siblings the remainder interest in the property. This means he has the right to live in the house for as long as he lives, and he must maintain the property and pay all taxes, etc. Upon his death you and your siblings will receive the property as tenants in common. The attorney helping with the probate can prepare the necessary paperwork to transfer the property. The recording fees will be around $100 or so, depending on what needs to be recorded. You cannot "quitclaim" unless there is a written agreement between all parties to have a different distribution than allowed by law.
The information provided is not intended as legal advice or representation. No attorney-client relationship is created between Sheila J. Kelly and any person reading this post. Laws change frequently so there is no guarantee that this information is accurate at the time you are reading it.
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