Probate Property to Multiple Children

[brettaw]

Jurisdiction

North Carolina

Good Afternoon,

I am the youngest of four children and our mother passed away suddenly last January. She was unmarried so the four children are the heirs to the estate. The rest of the her belongings have been liquidated and the estate is ready to be closed. Per the county, my understanding the real property is not a part of the estate. She owned one acre of land with one structure (modular home.)

It is my intent, and I have discussed with my siblings, to purchase the home. I as I have one quarter interest the purchase of the other 3 shares has been agreed upon.

I currently have the general warranty deed stating she owns the property as well as a death certificate.

My question is: What is the process for taking ownership of the property of the descendent? I assume my siblings and I are implied tenants-in-common of the property. Is there a different type of deed for this? If I draft, or have an attorney draft a statement and my siblings sign it in the presence of a notary can I have them relinquish their right to ownership upon transfer of payment?

 

[army judge]

Good Afternoon,

I am the youngest of four children and our mother passed away suddenly last January. She was unmarried so the four children are the heirs to the estate. The rest of the her belongings have been liquidated and the estate is ready to be closed. Per the county, my understanding the real property is not a part of the estate. She owned one acre of land with one structure (modular home.)

It is my intent, and I have discussed with my siblings, to purchase the home. I as I have one quarter interest the purchase of the other 3 shares has been agreed upon.

I currently have the general warranty deed stating she owns the property as well as a death certificate.

My question is: What is the process for taking ownership of the property of the descendent? I assume my siblings and I are implied tenants-in-common of the property. Is there a different type of deed for this? If I draft, or have an attorney draft a statement and my siblings sign it in the presence of a notary can I have them relinquish their right to ownership upon transfer of payment?

You shouldn't instruct the attorney.
You should simply explain your issue, and ask the attorney for the three easiest and legal solutions.
Inquire further as to the fee he'll charge to make it happen for each solution.
I'd offer you my three, but you need to discover this on your own.
I'll throw in one you shouldn't consider, a quitclaim deed.
I'll also add you can obtain those forms online, for no cost in most cases.
But, they're fraught with a few problems in some situations.
Please, accept my condolences upon the recent loss of your mother.
You're an example of what she did, a darn good example.
God bless and comfort you and yours as you grieve your mother's passing.