Is it possible to transfer property from one dead person to another dead person, in order to settle an estate?
1 attorney answer
No, you just can't do deeds between dead people. Who would sign them?
If title to the real estate was held in both their names as joint tenants or tenants by the entirety, title automatically passed from father to mother. No deed necessary. Perhaps some documents, like a death certificate and possibly an estate tax related form, needed to be recorded on your father's death to clear title, and now on your mother's death too, but title passed. Now your mother's estate needs to be probated, to pass title either according to her will or by the laws of intestacy if she had no will.
If the title to the real estate was in his sole name at the time of his death, then his estate needs to be probated and title passes either according to his will or by the laws of intestacy if he had no will, and then her estate has to be probated to deal with the share of ownership she inherited from him, to pass title either according to her will or by the laws of intestacy if she had no will.
You have to do either one or two probates in court depending on how title was held at his death. Cannot avoid that.
As for the vehicle, if it was sold before he died, then so be it. A will or intestate estate only passes what was owned at the time of death. If something was sold beforehand and is mentioned in a will, you ignore it being in the will. The new owner, I presume, was able to register the vehicle without a bill of sale. If not, the personal representative of father's estate appointed by the court can do an after-the-fact bill of sale upon being satisfied the vehicle was in fact sold before death.
You'll need an attorney to help you sort thru this.
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