Property Ownership Changes upon Divorce and Death
My parents held deed to our home as tenants by the entirety. When they divorced, the settlement indicates this arrangement changed to tenants in common. The deed was never revised. When my mother died, she left half her interest to me and half to my brother; again, no revised deed was issued. My father is now deceased. I am the executor of my father's estate and I have POA for my brother. Can I sell the property without having to reopen my mother's estate (to transfer her interest to my brother and I)? Has her interest been successfully transferred to my brother and I even without the revised deed?
1 Answer from Attorneys
Re: Property Ownership Changes upon Divorce and Death
You will need to reopen your mother's estate (I assume you were executor) so you can execute a deed as to a 1/4 interest each in the property to you and your brother. As for your father's estate, you will have to convey his 1/2 to whomever he left it to in his will, or if no will, to whomever is entitled under the intestate statute. If that happens to be you and your brother as well, then you'll each end up with a 1/2 interest and you can sell it using your brother's poa. All this is necessary to preserve the chain of title for the land records.