Mother's estate must be probated in order for title to the property to pass to her heirs. You need to consult with an attorney who specializes in probate who can review your situation and explain the probate process and costs to you.
No, the Grantor cannot unilaterally change the Deed of Trust once it has been signed and executed. Any changes would require the consent of all parties involved, including the beneficiary and trustee named in the deed.
No. If your mother has a life estate, she has the right to the use and possession of the property. If you are actually dwelling on the property, your mother is not and is causing a problem, you should consult with an attorney who can review your situation and explain your options.
deed
The form that you need may vary depending on the situation and the laws of your state.A deed is a legal document and any error can result in a cloud on the title of the property. An error in a deed can be costly to correct and those types of errors are commonly made by non-lawyers seeking to save money. Deeds cannot be rescinded if you have made a mistake or change your mind. There are so many things that can go wrong.Law offices have software that will produce a perfectly drafted deed. You should seek the advice of a real estate attorney who will draft a proper deed for your jurisdiction that will accomplish the change in ownership that you desire.
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How do I add my daughter's name to my deed
If your mother's will named you as an heir, and she owned the house, then you would be an heir to the house (which has a deed in her name). If she had no will, then your state laws would almost always give a share of the house to any surviving children, again with only her name on the deed. If she and someone else had a joint tenancy deed, then her will (and the state laws of intestacy) have nothing to do with it, and it automatically becomes owned by the remaining survivors of the joint tenancy. If she is the final survivor, see above, as she had become the full owner.
I have just separated with my wife to which i have three children. I have moved out living with my mother. Is my wife and children entitled to stay in the house even if the mortgage is in my name.
If the deed was recorded you must execute a new deed that conveys your interest in the property back to your mother. Then that deed must be recorded in the land records. If the deed was never recorded in the land records you could destroy it. If it was never recorded in the land records then the record title would still be in your mother's name.
You don't change the name on the original deed. You now have a deed from the other grantee in your original deed. Therefore, you have acquired your title to the property in two deeds.
Tell brother to produce the deed and have it examined by an attorney for validity. Find some documents with your mother's signature in case you need samples for making a comparison. If you suspect the deed isn't valid then bring an equity suit in the court of jurisdiction asking the court to determine if the deed is valid. If it is determined to be valid then he must record it. If he cannot produce the deed immediately then commence a probate proceeding. Your mother's estate must be probated for the title to her real estate to pass to her heirs. Unless she left a will her property will pass as intestate property to all her children.
You need to hire an attorney to change the name on your deed. The deed needs to be filed properly with a court of law and recorded.
No, the Grantor cannot unilaterally change the Deed of Trust once it has been signed and executed. Any changes would require the consent of all parties involved, including the beneficiary and trustee named in the deed.
If your mother and her husband owned the property jointly then full ownership passed to him at the time of her death. If that is so then he could leave the property to his children in his will or he could have conveyed the property to his children by deed. If there is an outstanding mortgage then it must be paid or the bank can take possession of the property. You can check the ownership of the property at the land records office where the property is located. Do an online search for "your county and state + land records" to find the location of the land records office. The staff at that office will help you to look up your mother's property and you can obtain copies of your mother's "acquisition" deed and any other deed that was recorded later. You can also check probate to see if a probate has been opened for your mother's husband. If there is a file started then you can obtain copies of those documents. If you are still unsure of the status of the property you could speak with an attorney and take the probate and deed copies with you.
It is not a wise decision to put your name on your mother's property due to tax reasons. However, it can be done, when a name is added to the deed of the property, it needs to go through the bank who holds the mortgage and the court.