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.
The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.
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.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** 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. I hope you our answer helpful!
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.
Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.
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.