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Inheritance Title Transfer

Discussion in 'Other Ownership, Use & Privacy Issues' started by sw4rmed, Feb 1, 2021.

  1. Zigner

    Zigner Well-Known Member

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    I'm sorry that you cannot accept the reality of the situation. You simply can't do what you want to do without your brother's agreement. I wish you the best of luck in whatever location you land in.
     
  2. sw4rmed

    sw4rmed Law Topic Starter New Member

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    Then thats very sad our country dooms poor people to not inherit a house because of the expensive probate process.
     
  3. zddoodah

    zddoodah Well-Known Member

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    I've already told you:

    If the seller wants to transfer title to you, she is free to do so, but it would be dumb to do that.

    If you want to probate the estate -- whether or not by the small estate process -- you can do that, and, based on what you've told us, that should end up with you and your brother jointly owning the property (assuming that, when push comes to shove, your stepfather and twin actually do what they've told you they'll do).

    Any deed will do the trick. Opining about deed form over another would constitute the giving of legal advice, which violates this site's terms (read the "Legal Disclaimer" at the bottom of every page at this site).

    If you don't want responses to idiotic comments like this, then don't make them.
     
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  4. zddoodah

    zddoodah Well-Known Member

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    Perhaps you should focus your discontent on your mother because it was her actions and inaction that created this situation. It's no one's fault but hers. She could have taken very simple and inexpensive steps to ensure that this process would be simple and inexpensive for you and her other heirs, but she didn't do that. Don't blame the system. Blame her.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    I received the following private message from the OP:

    This has been answered above.
     
  6. Zigner

    Zigner Well-Known Member

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    It does not. The problem you are having is caused by (1) poor planning on the part of the deceased person and (2) by a sibling who doesn't want to give away what is (would be) rightfully theirs.
     
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  7. sw4rmed

    sw4rmed Law Topic Starter New Member

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    Since the property was never officially transferred to my mom and still under the ownership of the seller and my dad and brothers except one all give permission to sign it over to me I have arranged a General Warranty deed and the seller agreed to just transfer ownership to me by a general warranty deed. Will this work?
     
  8. army judge

    army judge Super Moderator

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    The answer "it depends" comes to mind.

    In my view,

    It depends on what you wish to do with the property AFTER the "general warranty deed" has been executed.

    What does a "General Warranty Deed" mean?

    A "general warranty deed" type of deed guarantees a clear title to the buyer of property, who is warranting to the seller that they own the property, have the right to sell the property, that the property has no encumbrances other than the ones stated, and that the seller will defend title against all claims by all who might come forward with same.

    It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that he/she/they are transferring "whatever" ownership held and if it turns out they don't actually own the property, the grantor will be responsible for compensating the buyer.

    Using a Warranty Deed to Buy Property
     
  9. Zigner

    Zigner Well-Known Member

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    The seller's correct move is to transfer the property to the estate.
    I hope the seller gets some professional (legal) advice on the matter before doing that, as it is a monumentally stupid idea.
     
  10. zddoodah

    zddoodah Well-Known Member

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    It's pretty obvious that you don't really care about what's supposed to happen and are only concerned about acquiring full ownership of something that you are, at most, only entitled to a portion of. Are there ways for that to happen? Sure. Best of luck to you.
     
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  11. sw4rmed

    sw4rmed Law Topic Starter New Member

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    Thank you for your advice sir. Will the seller or me have to pay taxes on the general warranty deed if so who and how much? Also I have seen that some websites say I must have several witnesses to have it notarized is this true if so how do I choose my witnesses?
     
  12. Zigner

    Zigner Well-Known Member

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    Assuming you have appropriate identification, notarization does not require any "witnesses" (aside from the notary, of course).
     
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