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Transfer deed from deceased parents to son

I live in Texas. My parents are deceased. No Will. They owned a home - clear deed - worth $35,000. Since my mother's death two years ago, I have paid the property taxes. I have another brother. He has no interest in the property and will sign it over. What forms do I need to transfer deed and can I do this on my own.

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi !!

Nice to see you in the forum !!

schernandez, you've mentioned in the post that your parents are deceased and they haven't left any will that bestows the rights of the property to you brothers. in such a scenario, you need to to file an Affidavit of Heirship in the Probate court and get it signed by a judge. this will transfer the property rights to you and your brother.

Now, since your brother has no interest in the property, he will sign it over to you through, maybe, a quitclaim deed. Then you're gonna be the lone owner of the home.

This, however, is my personal suggestion and it's always better to consult an attorney.

Be cheerful & keep smiling.

God bless you.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 01:28 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Both of my parents are dead and I need to change the property deed to my name (non probate). I live in Santa Clara co. in California and so did they. Can I get a form over the internet to do this transaction.?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi donna,

In order to transfer the property in your name, you will have to file an affidavit of heirship in the county recorder's office. Moreover, you need to submit the death certificate at the county recorder's office as well.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my uncle's father passed away. he has a will but he is not on the property title. how can he go about transferring the title into his name he is the only heir. his mom passed over 10 years ago. and there is no siblings

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi carmen,

Your uncle will have to probate the will first. Once the probate is complete, the will should be submitted in the county recorder's office. This will help him in transferring the property in his name.

Thanks

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 01:28 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi-my mom died in 11/2008 and she had an active mortgage; How can I get this transfered to my name? She had no will just a hand written letter stating her wfinal wishes, not notarized.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi monica,

You'll first have to transfer the property in your name. In order to do this, you'll have to file an affidavit of heirship at the county recorder's office as your mother has not left a will.

Once the property is transferred to you, then you can [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the mortgage and pay off the debts.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I live in a home in Texas that my parents own. Both parents are now deceased and the home was left to me. I have paid all mortgage payments and taxes for three years. There is still a morgage left. My credit is poor due to a divorce 3 years ago. How do I go about getting my name on the mortgage with poor credit?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hey guest,

With a poor credit you won't be able to refinance the mortgage and transfer the mortgage in your name. You'll have to improve your credit score in order to refinance the loan. To know about how to improve your credit score, check out the given page:
http://www.mortgagefit.com/credit-rating/credit-repair.html

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother left me her property in a will with my brother she died 6/21/09. I am co-signer on a refi loan and my mother had a smaller line of credit loan. In order for me to get loans in my name i need to have my name on property deed. How do i proceed?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi ersel!

Welcome to forums!

A query similar to yours has been answered in the given thread:
http://www.mortgagefit.com/propertytransfer/getloan-name.html#111881

Please take a look at it. I hope it'll help you.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

California resident. Mom now deceased signed grant deed to son. Problem, county clerk doubt mom's signature. Person who notarized the signature deceased. What can son do now?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi dmibarra!

Welcome to forums!

The son should get in touch with a real estate attorney based in California and take his opinion in this matter. He will be able to guide the son as to what steps he needs to take in proving the validity of his mother's signature.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi all! I am a Texas resident with both parents deceased and a only child. My parents took out a mortgage and left a balance but no will. I do not want to lose the property since it has been in the family for over 50 years. I was told by my mother that the mortagage company had some sort of insurance on the home that would clear living survivor of balance on loan...I have not found paperwork and the Lender denies any such insurance. How do I go about getting the deed in my name and am I responsible for the balance on mortgage even if my name is not on deed? All help greatly appreciated.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi epena!

Welcome to forums!

You can get the property transferred in your name by filing an affidavit of heirship at the county recorder's office. If your name is not mentioned on the mortgage docs, then you're not personally liable for paying off the mortgage dues. But if you want to save the property, you'll have to pay off the dues. In such a case, it will be better if you could assume the mortgage or refinance it in order to transfer it in your name and pay off the loan.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

In Alabama must I pay an attorney to probate a will to transfer property willed to me by deceased mother? How to I go about the process?

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Betty,

As far as I know, the attorney will charge fees for probating your deceased mother's will. You should contact an attorney and he will update you about the probate process.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi my name is Diana and I live in New Jersey. I purchase my house 19 years ago with both my parents. My father passed on 2002 and my mother on 2010. The mortgage is under my name and my mother. I still live in the home and continue to pay the mortgage. I have one brother and two sister and spoke with them regarding the house. They informed me that this house belongs to me only because they did not purchase the home with us. I need to know who do I do now to change the deed to my name only.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Diperez!

Welcome to forums!

If there is no will, then you can file an affidavit of heirship at the county recorder's office and get the property transferred in your name.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello! My mother's parents r both deceased but left 12 acres of land of which my mother has a mobile home on. No will was left, how do we go about getting 2 acres transferred in my name ( the granddaughter) so my husband and I can build a house an affidavit of heirship was filed about 10 yrs ago. All the land is still in my grandfather's name..Greatly appreciate your help!

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Henderson,

If you are the only heir left, then you will have to file an affidavit of heirship in order to get the property transferred in your name. BTW, who filed the previous affidavit of heirship?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother has 5 siblings and the oldest filed the affidavit of heirship in 2003 with all the siblings name on it ( I have a copy) . We just had my mother's 2 acres surveyed 2 wks ago but the all the land is still in my deceased grandfather's name. We have the property deed, death certificate and affidavit of heirship thats been file at the county clerk. My mother is still living and wants to give me her 2 acres of the 12 acres. We're not sure what to do next. Thanks sooo much! We're trying to avoid getting a lawyer since everyone is in agreement..

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Henderson,

I can understand your situation. But as the name on the deed has not been changed, then you should get in touch with a real estate attorney and take his opinion in this regard.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

What paperwork do we need to do this?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Kathleen!

Welcome to the forums!

If there is no will, then the heirs will have to file an affidavit of heirship at the county recorder's office and get the property transferred in their names. However, if there is a will, then it needs to be probated.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I live in Texas. My husband and I have 2 acres we have paid Taxes on for 30 years, but only deed to one acre. His Mom still has the deed to the other and she wont sign it over to us, said she is going to give it to his brother. We HAVE to have 2 acres in order to get a permit for septic system or water well if we ever need...What can we do?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Janie,

You can hardly do anything. As the property is in the name of the mother, she will have the rights to take the final decision.

Thanks

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