How do I get my deceased mothers property put into my name?

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How do I get my deceased mothers property put into my name?

My mom died 9 years ago and I was the executrix of the Will. My mom’s Will left me with controlling interest in the estate. The Will went through probate. I began to question why the house was still in my stepfather’s name; my mom and him were tenants by the entirety and he died way before my mother did. I found out that my mom never filed the death certificate but I did find paperwork releasing his name and decedents of him from the property. I went down to the courthouse to file the death certificate and now it looks like it is under the estate of my late stepfather. What can I do? Can a quit claim deed be done with my signature as executrix?

Asked on August 22, 2012 under Estate Planning, Massachusetts

Answers:

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

Answered 8 years ago | Contributor

Please get legal help as soon as you can.  The documents need to be reviewed by an attorney on your behalf.  What do you mean by it is under the "estate" of your late step-father?  Have his children probated his WIll and listed the house as an asset?  The documents you have will be helpful in straightening out the situation but you may need to do more that just execute a deed.  Good luck.


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