How do I clear up title to an inherited residence?

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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

Answers:

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

Answered 9 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.


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