CanIfill out a transfer of affidavit and have my late mother’s house turned over to me?

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CanIfill out a transfer of affidavit and have my late mother’s house turned over to me?

My mother passed away without a Will; she left a house worth less than $50,000. Within 1 month, my sister put the house in her name by filling out a transfer of affidavit (I think that’s what she filled out). All of my 7 siblings agreed to turn the house over to me, all except that sister. They have signed quitclaim deeds giving the house to me. Can I fill out a transfer of affidavit to have the house turned over to me?

Asked on January 26, 2012 under Estate Planning, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You will need to contact an attorney because a) a transfer of affidavit is not sufficient in this situation if there are other siblings and b) the transfer may need to be voided. Usually the transfer here is not sufficient so not sure what she hopes to accomplish. You will need to go through probate court to have an administrator chosen to administer the estate and use the quit claim deeds to show that the house should go to you. At worst, you will own half the home, your sister the other half. I am not sure though that quit claims will be sufficient here because you have not indicated how she owned the home and whether it was in all of your names to begin with.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You will need to contact an attorney because a) a transfer of affidavit is not sufficient in this situation if there are other siblings and b) the transfer may need to be voided. Usually the transfer here is not sufficient so not sure what she hopes to accomplish. You will need to go through probate court to have an administrator chosen to administer the estate and use the quit claim deeds to show that the house should go to you. At worst, you will own half the home, your sister the other half. I am not sure though that quit claims will be sufficient here because you have not indicated how she owned the home and whether it was in all of your names to begin with.


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