How to get property in a deceased person’sname transferred to their legal heirs?

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How to get property in a deceased person’sname transferred to their legal heirs?

My grandmother and her aunt owned a piece of property with an agreement that whoever outlived the other got the property. The aunt died first, and the deed to the property went in my grandmother’s name. My father and mother lived on the property with me. My parents divorced. My father remained living on the property. My grandmother died with no Will; my father continued to live on the property and pay the taxes on it. He is my grandmother’s only child. He moved off the property about 14 years ago. He continued paying the property taxes. My father never changed the deed over to himself. It is still in my grandmother’s name. My father passed away a month ago. He had no Will either. What can I do to keep the property in the family? We would like to move onto the property and rebuild.

Asked on August 11, 2011 Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  You are going to need legal help here to get this matter resolved.  I am assuming that there was no probate proceeding for your Grandmother, correct?  Well you may have to do something now in order to transfer the house to the heirs of your Father (you and siblings if they exist generally share equally under the intestacy laws).  How much the Court will require remains to be seen.  The property should have been transferred from your Grandmother to your Father by Executor's Deed so that it was present in his estate when he passed away.  The property will remain in the family.  You will just have to do a lot of paperwork for the transfer.  Good luck.


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