What to do if my cousin is trying to sell my late uncle’s house but needs me to sign off?

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What to do if my cousin is trying to sell my late uncle’s house but needs me to sign off?

My cousin is trying to sell a house owned by our deceased uncle, who had has a Will drawn up 4 years before he died at age 88. The last time I saw him in the nursing home, he was suffering dementia. My cousin told me that he gave her everything before he went into the nursing home, so I never questioned not being included in any Will. She has rented out his house for several years and now wants to sell it but the title company told her that she needs a quit claim deed from me. She never probated the Will and doesn’t want to pay the expense to probate it now. I don’t want to sign anything right now.

Asked on January 12, 2014 under Estate Planning, Ohio

Answers:

Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

If your name is on the title, your uncle could not leave it 100% to your cousin even if he wanted to.  You are under no obligation to sign anything.  If you are so inclined, consider selling your interest in the house to your cousin.  Your cousin really should probate the will.


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