How do I clear up title to an inherited residence?

I am an only child. My father died 31 years ago and by Will left the house where I reside to my motherl she died without a Will 10 years ago. There was no probate of either of my parents’ estates. My deceased parents continue to be shown as owners of the house where I reside, according to the county assessors records. I want to be able to sell or will the house to my life partner. How shall I go about accomplishing this?

Asked on May 29, 2012 under Estate Planning, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss. If both parents held the property with rights of survivorship then it passed from your father to your mother automatically upon his death.  A Will was not necessary.  Now that you Mother has passed you need to probate her estate.  You need to be appointed as the personal representative in order to transfer the property via executor's deed in to your name to leave it via Will.  A Probate Petition will be needed and a copy of both your father and mother's death certificate.  You should consult with an attorney as soon as you can.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.