Parents passed without a Will. Land and mobile home are worth approx $45,000 on the tax roll. I have one brother that has no interest in the property because he lives in another state. How do We/ I get the property in my name. I would like to keep the property.
Was the Affidavit of heirship presented to a court or title company for approval? If your brother is going to deed his interest to you, you may want the title company's take on that also. Your brother has an undivided one-half interest in the property, regardless of where he lives. You might want to get a lawyer that practices in probate and real estate involved.
My answer to this question is for general purposes only and establishes no attorney-client relationship nor is it legal advice. Legal advice should only be requested and obtained from your own legal counsel with whom you have negotiated and signed a written legal representation agreement and with whom you have had a full discussion of the specific facts and circumstances of each particular instance.
An Affidavit of Heirship need only be filed with the County Clerk. Your brother can then execute and file a Special or General Warranty Deed with the County Clerk. Show the AoH and Deed to the County Appraisal District to have them change the tax rolls. A title company will check your work when you sell the property or borrow money against it.
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