Compare Mortgage Quotes

Guest

My Mom just passed away, only her name was on the deed. Do I have to wait until the deed is put in my name to rent the house legally? If I don't wait, is the lease my tenant's sign legal or would it be null & void?

chrisgummerson · Posted: Wed Sep 07, 2011 8:41 am Post subject:

If you are the only heir then you would want to put the home into your name, an affidavit of heir ship along with death certificate should be enough to get the property in your name. I take it there is no mortgage? You should be able to resolve the title issue relatively quickly and then complete another tenancy agreement with the tenant. Just let the tenant know, that there will be a change of ownership and that you will become the new landlord etc...You should not have a problem if you are an entitled heir to her property...

adonis · Posted: Wed Sep 07, 2011 7:21 pm Post subject:

Welcome lisaalexis,

It will be better if you could put the property in your name and then rent it to someone else. If your mother has left back a will, then you will have to probate the will in order to get it transferred in your name. If there is no will, then you can contact the county recorder's office and file an affidavit of heirship at the county recorder's office to get the property transferred in your name.

jheard · Posted: Tue Sep 20, 2011 7:43 am Post subject:

You could rent the property right away while you transfer the property out of the estate. However, all the rent would be in a "constructive trust" which means if you are not the only heir, you would have to share the rent with other heirs.

You might also run into problems if it turns out another heir has possessory rights. They could then void the lease.

Company	Loan Type	APR	Est. Pmt.
				Go
				Go
				Go
				Go
				Go
				Go

Compare Mortgage Quotes

rent house no name on deed

Helpful References

Our Community

Community Rewards

Property State:
Property Type:
Credit Rating:

All times are GMT - 7 Hours

Page 1 of 1