My mom passed away, I need to open an estate. Can the property be taken from me, how long will I have to wait?
Once an estate is opened, title can be transferred very quickly. As to whether the property can be taken away, it is not clear from your summary who would do such a thing or on what basis. A probate attorney could be a really good resource for you, because it sounds like you are a little overwhelmed, at the moment.
*** 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 lawyers agree
The property can't be taken from you because it isn't yours yet. Only after the estate has been opened and administered can you receive the property. That being said, the property can be taken from the estate if you don't follow the proper procedure for opening the estate, notifying creditors, etc...
Generally, you need to wait until the statute of limitations expires for claims against the estate before you can transfer the property. If you hire an experienced estate administration/probate attorney, the entire process will take roughly 6-9 months.
I proudly serve clients throughout Maryland, Pennsylvania and Washington, D.C. My phone number is (443) 352-8517 and my email address is firstname.lastname@example.org. For more information, you can also visit my website at www.proylaw.com.
Licensed in MD, PA and DC. This is not legal advice. I am not your attorney until we have mutually agreed that I am your attorney. You should consult with an attorney licensed to practice in your jurisdiction regarding your specific circumstances.
7 lawyers agree
Estate Planning Attorney
Property whether it's real estate or what's called 'personal property' (everything other than real estate) will typically pass to the person(s) designated as beneficiaries in the deceased's Last Will.. If the person died with no Will (what the law calls 'Intestate'), property passes according to State law that applies to Intestate Succession. Once a probate Estate is opened, the property can pass by authority of the Executor as outlined in the Probate Court's letter of authority. It doesn't have to take long and once it is transferred legal title (ownership) vests in your name.
5 lawyers agree