Legal Question in Real Estate Law in Arkansas

land deeds

mother left land to me but died before she could sign the deed to me. i am the only child and i would like to sell it.what can i do to keep it legal


Asked on 12/20/06, 12:37 am

1 Answer from Attorneys

Harvey Harris Harris Law Firm

Re: land deeds

Did your mother have a spouse at the time of her passing? If not, it will likely be yours to do with as you choose, once you get the land transferred to your name.

You are going to need to have the land in your name before you can legally sell it. You may have to open an estate with the court to be able to transfer ownership. Depending on the value of the property, this may be done with the filing of an Affidavit for Small Estates. If it has a value of over $100,000, you will likely have to file for administration of the estate, which requires several documents.

Another thing, if it has been more than 5 years since her passing, you may be able to transfer ownership with an Affidavit of Heirship.

I have given you several possibilities. It depends on the value and time since passing, and possible former spouse, as to which is right for your situation.

I would strongly suggest consulting an attorney about what the best option is for you. You will likely need an attorney to draw up some type of documents, whichever way it is done. Some attorneys offer free initial consultations, to help you determine what to do, and then you can decide whether to hire them to do more work. In a case like this, the attorney may be willing to get paid by the estate, meaning you wouldn't owe much, except expenses, up front.

But, to do this right, I would advise contacting an attorney right away.

Good Luck.

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Answered on 12/20/06, 9:49 am


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