What is the best way to trandfer inherited land into your name?

My great aunt passed away. Her nephew (my dad) went to live with her to take care of her. She had a Will from 24 years ago leaving my aunt (my dad’s sister), the executor of her estate. Before my greataunt passed away, she told all the family that she wanted my dad to get everything because he took care of her. She didn’t have time to change her Will. Can my aunt just sign over everything to my dad? Also, the only bill she had was for the land she lived on, so can my dad just take over the payments on the land?

Asked on November 18, 2014 under Estate Planning, Florida

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  This is not as easy question to answer in this forum because the specifics of the Will etc., matter and the Will should be read before any possibilities are laid out for you.  I can tell you that generally speaking, if your Aunt wishes to renounce her job as executor and relinquish her inheritance then she needs to do so within certain time limitations.  Generally 9 months after death to relinquish.  If it is only the two of them then you have no problems.  Or you can not probate the Will and she can relinquish but I would not do that until you speak with an attorney.  As for the real property, yes, he should be able to continue making payments with out the loan being called in (it is an exception to the due on sale clause of a mortgage) but again, you need to bring those documents to an attorney to read.  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 AttorneyPages.com 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.