Change of house ownership.

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Change of house ownership.

My mother’s house was bought by my deceased aunt in her name to save it from being repossessed but has never stayed in it nor made any financial contribution towards the house. My mother remained staying in the house. The house was paid up by my sister before my aunt died and after it was paid up my aunt dragged to change it back to my mother’s name, before my aunt died she did an affidavit stating that the house belongs to my mother and she was donating it to her. My mother is a pensioner now, the house rates are too high for her and we cannot do anything to lower them because the house is not in her name. My aunt left a 24year old daughter who is not cooperating to change the ownership of the house. Please help my mother is distraught.

Regards
Lorna

Asked on September 11, 2019 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, the "affidavit" you describe has no legal effect: only an actual and properly signed and witnessed will controls what happens to property after a person dies. Since the aunt did not in fact transfer the house to your mother while she was alive (e.g. she did sign and file a deed transferring ownership) it was your aunt's house when she died, which means that it is part of her estate and goes to whomever inherits from her, which is presumably her daughter, not your mother (your mother would only inherit if the house had beenwilled to her).


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