My parents own a home which they left to me in their Wills. I am an only child and my father just recently proceeded my mother in death.. When they brought the house they got a "General Warranty Deed" with Survivorship. Both their names appear on the Deed and it also states, "for their joint lives, remainder to the survivor of them". My question is this, would that include me as their sole heir? Will I have to probate the Will to transfer the Deed into my name? Hopefully I can avoid probate court because I am currently unemployed as a result of being the only caregiver to both of my parents ( until death). I know probate is an expensive and time consuming process which isn't an option for me at this time.
Thank you so much for your assistance.
2 Answers from Attorneys
Unfortunately, you will need to probate the will and open up a probate estate in order to transfer the home to you. When the first spouse passed away, the home went to the surviving spouse. An affidavit and death certificate should have been filed at that time to transfer the home to the surviving spouse. Now that both parents have passed, the home will not automatically transfer to you. If you do not have the money to afford an attorney, you may be able to handle this yourself. It can be time consuming and overwhelming but not impossible. Good luck!
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