How to sell property in case of DEATH.

**tanmaysnv** · 02-23-2010, 04:06 PM

How to sell property in case of DEATH.

Hi Friends,

We are living in our own house which is constructed in our land. The Registration documents ,electricity bill, water supply, house tax all receipts / papers are in name of my father. My father expired in 2007. Now if we wish to sell the house, or transfer the property in my mothers name, what is the procedure, as by law of succession, my mother is already the heir of the house / land. But what is legal procedure to transfer the property in my mothers name, or what is the procedure to sell the house in this case.

I am having one sister, and myself, we two siblings are there. Kindly advise in this regard.

Thank you very much and awaiting your reply.

Regards,

**markbrian** · 02-24-2010, 11:54 AM

I would suggest talking with a real estate attorney in your area and/or the attorney that helped to settle the estate/will.

**Real Estate Diva** · 03-19-2010, 08:38 AM

If your parents lived in the home as their primary marital residence, then your mom SHOULD receive legal title to the house automatically. However, the names on the deed must be changed.

A good attorney in the area will be able to generate the appropriate deed necessary to complete the transfer.

If your mom is considering leaving the home to you and your siblings in HER will, you may want to talk to a good estate lawyer to discuss ways of reducing her estate taxes.

One way might be to consider transferring the home to you guys now in exchange for a life estate in the property

**maui** · 03-19-2010, 06:42 PM

Tan, I would suggest contacting a real estate attorney at once. Was the property not covered or mentioned at all during the probate proceedings? When the deed is in your mother's name, I would suggest having a life estate on the property and you (along with your siblings) being the remaindermen. Good luck.

**JAMikel** · 12-08-2010, 01:32 PM

In Florida and elsewhere I'm sure, whether the property can be conveyed depends upon the terminology within the document of conveyance.

When the deed to the property was recorded originally were both your parents named as as Buyers "Grantees", if so was the property conveyed to them as joint tennants with right of survivorship OR was it conveyed to them in common. If the deed was recorded as joint tennants with right of survivorship "JTWROS" then it is just a matter of recording a copy of the certificate of death at the Clerk of Circuit Courts office in the county that the property resides.

Your best bet is to contact a title company in your area, it will cost far less than an attorney, if an attorney is necessary they will be able to refer you to one. We bought a property a few months back, similiar situation-husband passed away wife sold us the property with title insurance through closing agent, property didn't go through probate as it had been conveyed to the hus/wife JTWROS. We have found title companies to be an invaluable source of information. FYI-If you need a good title agent send me an email I can refer one to you.

Sorry for your loss

**JLNorthOC** · 12-21-2010, 08:33 AM

Talking to an Attorney is probably the best way to go. Just a heads up, if you ever put the property in a trust make sure the trust allows you to easily become the power of attorney without having to pay your lawyer hundreds more for 5 minutes of work.

**Esmond** · 01-14-2011, 02:18 AM

Thanks guys..
The suggestions discussed in this forum are very real in nature and very practical in approach as I am also planning to buy some property and have no knowledge in the field but after reading this forum discussion i am feeling quite confident to make a successful deal.I have been askinng this question from different person but no one has the satisfactory answer.

**flash.investing** · 02-15-2011, 10:17 PM

JAMikel pretty much hit it on the head. You need to see the title. In some states with really good county recorders' offices, you can do this online. The language of the deed can actually make this a very simple process. If it is the Survivalship Warranty Deed, your mom is already the owner and can do as she pleases. If all the siblings are listed with your parents, it can get sticky. If you or she are planning to take action, you can get a "Real Estate Specific Power of Attorney". If you want to handle everything for your mom, you'll need this. If all the siblings want to sign over the decision making (but not their share of the profit) this will do the trick as well. ---- Each state is different. Checking with a title company or attorney is still good advice.