Legal Question in Real Estate Law in New Mexico

Me and my 3 siblings recieved a real estate property from my deceased mother. Each of us owns 25%. How do i change the deed title to all four of us and not let their spouses have any claim to it. Do I use the LLC in front of each childs name or is there a specied form needed?


Asked on 5/09/11, 7:08 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

There is no need to do anything. The four siblings own the property together. This is an inheritance, so it is NOT marital property: it is "separate" property.

If your mother made a will, then there should be an ":executor" of her estate. If not, there may be an "administrator" of her estate. If you like, you can prepare a deed running from the heirs and estate of your mother to the four siblings as tenants in common. The deed would be signed buy the executor or administrator AND BY ALL FOUR HEIRS.

An "LLC" is a kind of corporation. If you plan to develop the property, you could transfer the property to an LLC that is owned by the four siblings. However, developing the property might have an impact on its status as marital property, and we're getting beyond the simple question. You can record a deed, but the four sublings already own the property unless the title is transferred by the will. IN that case, the deed should be prepared and recorded as part of the estate administation.

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Answered on 5/10/11, 6:03 am


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