According to your question, your mother and your daughter owned property together. That deed should be recorded in the land records. If they owned as joint tenants with the right of survivorship, when your mother dies her interest in the property would pass automatically to your daughter and bypass probate.
If your mother signed a quitclaim deed that conveyed her interest to you, that deed must be recorded in the land records. By executing that deed, she broke the joint tenancy she had with your daughter and now you and your daughter own the property as tenants in common. Your mother no longer owns the property and it would not be included in her probate estate.
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
More information is needed to answer your question. Was the Mother still living when the Condo was sold? Who inherited the Mothers share of the Condo upon death? What was the selling price of the Condo? Was it sold to an unrelated person?
Yes, your mother's will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
mother and daughter has property simple fee no jtwrs mother dies can property be sold
If mother and son owned the property as joint tenants with the right of survivorship there is no need for probate because son automatically became the sole owner when mother died. If they owned as tenants in common the mother's interest became part of her estate and it would need to be probated.
Yes, in order for the property to be properly transferred, the executor has to execute the deed.
If mother transferred her property to her daughter by deed, the deed was recorded and then her daughter died, the property would pass to the daughter's estate. It would then pass to the daughter's heirs according to her will or to the state laws of intestacy if she had no will.
Probably. In general, assessment of a property has little to do with who owns it, but the taxes owed on the assessment may relate to the status of the owner. The fair market value of a property is the primary basis for assessment. In the daughter's case the home also has a "stepped up basis" related to its fair market value at the time of the mother's death, so quick sale of the property will result in no capital gains. The probate attorney in the mother's estate may have more information on the MI answer to this question.
Your mother's son is you or your brother. Your mother's son's daughter is your daughter, or your niece. Your mother's son's daughter's mother is your wife, or your sister-in-law.
No, but I am making 2 assumptions. I take it that the sister's executor is the mother's beneficiary. I also assume that the mother survived any survivability period that might have been imposed by the will or statute. That being so, the property has vested in the mother, meaning it has become her property now. The only person who can transfer the deceased mother's property is the mother's executor. The correct procedure is for the sister's executor to make an executor's deed to the mother. Then the mother's executor will make a deed to the son. The fact that the mother died before the sister's executor made the deed to his mother does not deprive the mother of the property. The only way the property would not become the mother's is if the will required her to survive the sister by a certain period of time (as many wills do) and she failed to do so. But what happens then creates another problem which I won't go into here. Lastly, as always in probate matters you must check the laws of the state the probate is in.
This question is inconclusive it has no correlation or form of obtaining an answer.
IF the daughter signed some type of contract or agreement stating she was responsible for the mother's bills, perhaps. If the daughter was named Executrix of the mother's will, yes it would be appropriate. If she was not, she should tell the lender she has no obligation to pay the debts of the mother's estate and to contact the Executor of her mother's will (or the Probate Court if she died intestate).