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How do I transfer property that is in the name of a deceased

My son is trying to get a piece of property from his cousin. The property is in my niece's name (who is deceased). His cousin is the only living heir to the property. There are back taxes owed on the property, but my son will agree to pay the taxes. His cousin has agreed to sign the property over to my son. We just need help finding what paperwork we need to do this legally in Texas.

larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jlamey,

When the cousin has already agreed to transfer the property to your son, then in that case, he will have to sign over a quitclaim deed to your son as grantee to the property. After signing, the deed will have to be notarized and recorded at the office of the County Recorder. In this way, the deed will be valid. And after getting over the property rights, your son will have to bear the responsibilities of paying off the taxes.

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miller_st's picture
miller_st | Joined: January 17, 2007 04:47 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

If the property hasn't yet been transferred over in cousin's name then first it will have to be transferred in his name. And then he would be able to transfer the ownership rights to your son.

And after cousin has ownership of this property he can use a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] to transfer it in your son's name. I would advice that in this property transfer process you take help of an attorney to be sure that no legal procedure is missed and your son receives complete ownership of property.

Miller

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

My Mother died in 1998. She left one and half acres with a small house on it in Smith County. Texas. My brother has been paying the taxes. How can he transfer the deed to his name?

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi clifford johnson,

Welcome to the forum.

Have not your mother leave any will for you. In that case I think you should do a title search and then transfer the title on your name and your brother's name.

Contact an attorney. He will help you to transfer the title.

Best of luck,
Larry.

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

Clifford,

Please refer to a previous post at http://www.mortgagefit.com/deceased/affidavit-heirship.html on [i:16784dac0a]How to remove deceased owner's name [/i:16784dac0a]

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

should I contact a real estate attorney to have a deed tranferred from a deceased family member of property that still have a mortgage. How difficult is that? and does it matter if there is no will? Bear in mind I am paying the mortgage on the property in the state of NC

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

Welcome,

As there is no will and the family member is deceased, you cannot use a quitclaim deed to transfer the property in your name. You will have to file for an affidavit of heirship at the county recorder's office.

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

I have power of attroney over a gentlemen who is a heir to a property it was just him and his sist and she died but she has a husband and 2 living children there are back taxes owed on th eland if the heir pays th etaxes can he get th eland or deed souly in his name?

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

Hi Eric,

Since he is the co-owner, he can submit the death certificate of the deceased owner with the county recorder's office and ask them to issue a deed solely in his name. Once he gets the ownership of the property he will be liable to pay the taxes owed on the property.

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

Mom died in Jan. She had no will, she has her mobile home, which is uninhabitable, on my husband's property. She lived there rent free for 20+ years. How do we sell our land with the mobile home, no one in the family can afford to have it moved

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi

I believe the title of the property is in you and your husband's name. In that case, you can file an afidavit of heirship with county recorders office and get the title from your mother's name to you and your husband's name and sell off the property.

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

We live in Illinois, my mother in law did with no will. Her son took over the bills and wants to transfer the title to her home into his name. After the ttile search which form of deed do we use?

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

Hi Kay,

As there is no will, the son will have to file an affidavit of heirship at the county recorder's office and transfer the property in his name.

Thanks

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

my mother died last year and i want to transfer her name in to my name so please give me suggest how i do that

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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 lalita!

Welcome to forums!

If your mother has not left back a will, then you'll have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name. If there is a will, then it needs to probated. Once the probate is complete, it will be divided accordingly.

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 just found out that my aunt is paying the taxes on some land that her mothers dad owned and the deed is from 1933 and is still in the dead person name but my aunt has been paying the taxes all these years and yes she is 99 years old. the recorders office has her down to send the tax bill to every year. my question is can she get a deed in her name only.

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

Hi mr carter,

Depending upon the adverse possession laws of her state, your aunt may be able to claim rights on that property. She can contact an attorney and take necessary steps to claim the property.

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

friend i knew was left the house i live in by his parents they are deceased.
iagreed to pay him 500.00 month till it was paid off and it is paid off for 22,000 we had a purchase contract drawn up. since 5 months now the gentlemen i bought the house from passed away. How do i get the deed in my name now?

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

Welcome glenn,

You will have to contact the heirs of the original owner in order to get the property transferred in your name.

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

I LIVED WITH MOM, SHE WENT TO HOSPITAL,GOT SICK AND SHE PASSED AWAY,DO I HAVE ANY RIGHTS WITH PROPERTY ,SINCE I LIVED WITH HER IN IT..

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

Welcome KAT,

If you're the only heir to the property, you can file an affidavit of heirship at the county recorder's office and try to get the property transferred in your name.

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

My father recently passed away in a elder care facility leaving mobile home property. My father's brother is claiming ownership of property, but does not have will to confirm. My father and mother were seperated for 17yrs, but are still legally married, does she have any right with property.

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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 ANA!

Welcome to forums!

If your uncle and your mother's name are not mentioned on the property deed, then they cannot claim ownership of that property. However, if your state offers dower rights to the spouse, then your mother can claim her share in your father's property.

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($)

taxes are due on the home. I want to purchase this home and have stated I will agree to pay the back taxes. The park has agreed to a selling price. How do I go about purchasing this home. The title may or may not have been signed, however was given to the park. How do we go about purchasing this home

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

Hi beverly,

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/about50332.html

Take a look at it. I hope it will help you.

Thanks

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

My brother brought my half of a farm with my mother had living estate which she has passes one year ago. On the deed he has is name and his wife and my mother LE. Can he do this?

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

Hi Guest,

If your mother had added your bother and his wife to the property deed, then there is no issues with it. Your mother, who was the owner of the property, had the rights to add anyone to the property.

Thanks

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

when I sold it to him then my name was taken off, wife name put on.The deed was in brother's name and my name with mother has living state

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

Welcome P,

If you had sold off the property to your brother, then naturally your name will be removed from the property deed and your brother's name will be added to it. As your brother is the owner of the property, then he can add his wife's name to the property deed.

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

a wrongful death suit was filed concerning my mom, if moneies are awared does it go into the estate of the deceased or to the person that filed it?

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

Hi jaysmn,

There are chances that the monies will go to the person filing the suit. However, in my opinion, it will be a better option if you can consult a lawyer and take his opinion in this matter.

Thanks,

Jerry

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

My grandparents died 1989. Their is heir property that a uncle has a business on. Their is 3 living children to the grandparents left. the uncle has since past. His son now wants to run this business(sits on the water) and not let the 3 remaining heirs have anything to do with the property. They don't want the business they just want to be able to park their boats at the slits. He refuses to let any relatives park boats their. Can he do this

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

Hi TeresaJN,

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/grandparents-house.html

Take a look at it. I hope it will help you.

Thanks

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

Do I have to file the Affadavit of Heirship with the county recorders office if I am not transferring any property or titles? I am only trying to close a bank account out. I don't think the small estate affadavit applies because the assetts don't exceed the liabilities...

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

Hi Pam,

This is something which you need to clarify with your real estate attorney. He will better assist you with the required legal formalities in this matter.

Thanks

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

My grandmother quit claimed the family farm to my father around 1979. My father passed away in 2008 we filled his death certifficate with registery of deeds and went to equaliztion this is where it gets fuzzy thought that we were documenting that the property was in my mothers name now and was going to continue to be agricultre. My mother not knowingly continued to pay property taxes with it being titled still in my fathers name. Taxes came due this year and it jump say its no longer agriculture because the orginal home stead is nolonger the home stead because we move to a new house not on the original home stead peice of property and the it was asseased as no longer agricultre. Both parcels are still being farmed. Now we are unsure what we did not do right to put the property in my mothers name. We had assumed that because of marrige the property went to my mothers name when we filled my fathers death certifficate with the registry of deeds?

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

Hi ernest,

Your query has been replied to in the given page: http://www.mortgagefit.com/Property-transfers-and-Real-estate-related-is... . Please take a look at it. I hope it will help you.

Thanks

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

Mother died last Friday She had tod's on her property in New Madrid, her car and the money she had invested, however, she was purchasing a condo and had no tod. How do we sell the condo to pay the bank?

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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 Mary!

Welcome to forums!

If the condo is solely in your mother's name, then you will have to file an affidavit of heirship and get the property transferred in your name. Then you can list the property in the market and sell it off to pay off the lender.

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($)

My sister died almost two years ago and we have not been able to find her Will. Our parents have already passed away and the only immediate relatives left are a brother and myself, but my sister also had a son that she gave up for adoption when he was born. I was orginally her executor and personal representative of her estate. I was also left in chare of her burrial. I have paid the taxes on her home for the last two years.

I am wondering if I have to try and find her son that she gave up for adoption or if I can just file a heirship affidavit with my brother for her estate?

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

Hi jg,

As far as I can understand, you and your brother will have to file for an affidavit of heirship at the county recorder's office and try to get the property transferred in your name.

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

me and my brother took over responsibility of our grandma's house after she passed... we paid back taxes by setting payments with foreclosing lawyers, payed the houses off and all..now that everything is paid her son, our beloved uncle... wants us to give him half the land in return for him signing papers to the other half... can we fight him on this in order to get the land in our names and how...

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

Hi shawn,

You should contact a real estate attorney and discuss your situation with him. He will let you know what rights you have 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($)

hi im asking this question for my stepmom and father they have been living on my stepgrandmas property for almost a year sadly my stepgrandma past away last month she didnt leave a will and the deed is in her and my stepgrandpas name he is also deceased the only thing they have is a paper stating from my stepgrandma that they can live there my step mom is there only child together now my step aunt (has a diferent father but same mother)and her son think there entitled to the property and want my stepmom and father to move out my question is what happens now does my parents have to leave the property what rights do they have since there is no will or deed transfer

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

I lived with my mom for years. I took care of her when she was sick for about 15 yrs. She passed in in 2006 and in 2008 I suffered a spinal cord injury which has left me in a wheelchair in unbearable pain all the time. My mom did have a will and left the house to me, but because of my injuries I have not yet done the transfer. Can you please tell me what I have to do to change the name on the deed to mine?

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

Hi Danni,

The deed needs to be probated so that you can get the title of the property transferred in your name. You will have to get in touch with a real estate attorney and take his help in probating the will.

Thanks

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

My father died and left vehicles scattered. The tax assessor says anything assessed is in probate and cannot be sold by fathers girlfriend. Wat can we do about his property! How does probate work! Where can we find a lawyer who will work until we win the case?

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

Hi wendy,

You need to contact the local real estate attorneys and they will be able to help you in this matter. They will let you know what actions or steps you need to take in this regard.

Thanks

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

I just found out that my landlord is signing rental leases under their deceased grandfather's name who has been dead for 13 years. Is this legal?

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

Hi Sandra,

Signing rental leases under the deceased grandfather's name will be illegal. He cannot do that!

Thanks

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