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Who can be an Executor of someone's Estate? If it is the deceased child can they transfer property deeds to themselves?

Baltimore, MD |

I have to open an Estate account on my moms behalf. I will be in charge of everything. I need to transfer all of her properties into my name? Also can I do that without opening on Estate? It iis only my sister and I, she never married, my sister does not contest anything.

Attorney Answers 4

Posted

I would hire a probate attorney to make sure that your sister provides an airtight disclaimer. Otherwise, you could be in for a major mess, down the road. If this is done, then the rest of your situation should be easy to sort out.

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.

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Posted

You need to open the estate to transfer any property. Your sister will need to consent to you being the personal representative. Contact an estate administration/probate attorney who can best advise you on how to proceed.

***
I proudly serve clients throughout Maryland, Pennsylvania and Washington, D.C. My phone number is (443) 352-8517 and my email address is nick@proylaw.com. 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.

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Posted

I see that your statement says "I will be in charge of everything." That is not true UNLESS your Mom named you as the Executor of her Will or Probate Estate. Definitely make an appointment with a Probate attorney, then have the attorney begin the Probate procedure so you can move smoothly through the process. Good Luck !!

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Posted

You need advice and counsel! Nothing can be transferred without opening an Estate, and having a Personal Representative appointed. This is required even if everyone is in agreement. This is something we routinely handle in Baltimore City.

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