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

UPDATED: Nov 26, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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.

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