How can I get a out of my deceased father’s name and into my name?

My father passed 5 years ago without a Will. My brother (the only other heir) does not want the house that was left. He will not speak to me and is in an unknown location. I have lived in the house for the past 5 years. There is no mortgage.

Asked on November 26, 2011 under Estate Planning, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your father passed away without a Will or trust, the way you transfer title of the home that is in his name is by way of an intestacy prceeding. In such a proceeding the state that you live in has statutes as to who gets assets of a deceased person where there is no Will or trust. The transfer is based upon closest degree of relationship.

I suggest you first look at the deed to the property you are living in to make sure that you are not listed on it as a joint tenant. If you are, then there is a chance you receive the property by operation of law. If not, I suggest that you consult with a Wills and trust attorney about filing an intestate petition concerning your father's estate.


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