What to do about the title to an inherited house?

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What to do about the title to an inherited house?

My father passed away 12 1/2 years ago. He and my mother own a home titled to both of them. Title says his name and her name, their heirs and assigns. They paid off house 13 years ago. When he passed, my mom never went through probate. She did changed the tax bill to her name and to estate of my father. She recently passed away. Just before she passed she signed a quitclaim to me and my brothers also signed their share in a form of a quitclaim as well. I have not filed it yet. What is the best way for me to handle this?

Asked on December 9, 2012 under Estate Planning, South Carolina

Answers:

Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

Obtain probate counsel to assist you with the filing of a petition into the probate court to have the title ordered into your name; probably an affidavit shwing the sequence of events leading to your title interest will accomplish your desired result.

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

I suggest you contact a real estate lawyer in your area to assist you.  It sounds like the deeds may have transferred title to this property outside any estate.  However, the matter is complicated and will require a lawyer to research the chain of title and determine whether clear title will pass to you.  You may also want to obtain title insurance on this property and a real estate lawyer can assist.  I think you would waste money on a probate lawyer.

This is a good reason why people should not prepare their own deeds.  It is well worth the small fee to have a real estate lawyer prepare the deed so that you know title passes correctly.  By the time you get through multiple owners, title can be a real mess and expensive to clean up.  I think your title may be OK, but you should have a real estate attorney make sure.

 


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