My mother and her brother signed property over to another brother, deeding it in his name. This brother died 5 years ago no wife no children, my mother is now terminally ill, other brother is ederly and seroiusly ill also. The living brother lives in another state does not want or has no interest in property. My brother lives in the house with my mother, how would we go about getting the deed in my brother's name? Is this something we can do ourselves or do we need a lawyer?
3 Answers from Attorneys
Ordinarily, you cannot do this as the property was deeded away to brother 1 (B1). B1, if he was alive, could have simply reconveyed the land to mother and her brother. However, B1 is now deceased. Was an estate ever probated for B1? If not, and if he had no wife or children, then it may be possible for B1's heirs at law (his other brother's and sisters) to sign what is called a quitclaim deed or else sign the deed over to whomever wants the property.
By your post, I assume the property is owned free and clear. However, the current owners may want compensated for their share. I suggest that you seek out a real estate attorney in the county/state where the land is locateed. Preparation of a new deed is not all that expensive but the attorney is going to need as much information concerning B1 and the names and addresses of all heirs so that they can convey their rights in the property.
The fact that you had to ask means you need a lawyer. From your post, which is far from clear, you don't even know who currently owns the property (or you could not clearly tell us). Hire a real estate lawyer in the county in which the property is located and he/she can figure it out. Of course, whoever owns the property may not want to transfer it.
You need to hire a lawyer experienced in deeds and probate. When B1 died the property went to his estate. So step one is a probate of his estate. After that, his heirs (if they all agree) may be able to deed the property to one person.
While you have left out many facts, from what you post, you appear to need far more than what Rachel said. No one can deed the property until there is a probate.