I am looking for advice on selling a house

[Safius]

My mom passed away over 3 years ago and the house I live in is still in her name. I live in Chattanooga and have no job to be able to pay back taxes and could loose this house. I was wondering if there is anyway I could sell it even though it is not in my name. I am the eldest child and have one sister.

 

[dee_dub]

The quick answer is probably no. But what has happened with the distribution of your moms estate? Did she leave a will?

 

[Safius]

No she did not leave a will. I had a few people tell me they would help me get a quick claims deed so they could buy it from me.

 

[dee_dub]

Your sister is almost certainly entitled to half the house under the intestacy laws of your unnamed state.

I think you mean a quit claim deed. I'm not sure how the prospective purchasers think that will help you. Say more about this proposed transaction.

 

[Safius]

After my mother died she had the house and a car (a 2002 Nissan Altima). My sister is married and decided she only wanted the car and left me the house.

As for the transaction, the person wishing to buy the house already has a lot of property they use for rental, one of them right next door to the house I live in. He stated he would help me get the house in my name and then buy it from me for an agreeable price.

 

[dee_dub]

The proper thing to do is probably probate your mom's estate and have your sister quitclaim or otherwise deed her interest in the house to you. You might be able to avoid probate by doing an affidavit of administration or something similar, depending on your jurisdiction and the value of the estate.

 

[Safius]

Well, I live in the Chattanooga, TN area and the property was assessed under $40,000 if that helps any.

 

[dee_dub]

I suspect you can avoid probate, but I'm not a Tennessee estates lawyer. I'd suggest consulting with one.

I wouldn't sell the house until your mom's estate has been dealt with.