Do I need a lawyer for this, and if so what type and how do I find one?
My mom passed a year ago, before she could add in her will that I was to get her house. The will states that all will be split evenly. The executor, my brother has decided that I can have the house, as he has already collected her money from all the sources (bank, broker...) and split it between he and my other brother. He asked me to go ahead and find a lawyer to get the house in my name. Is this what I need to do?
Answers:
I would definitely get an attorney to advise you on what you need to do to transfer title of the house, and also to review everything to make sure you are getting everything you are entitled to.
I think you primarily need someone who practices in the area of wills/trusts/estates, but as the previous comment said, experience with real estate transactions would be helpful. You may be able to get a referral from your state's bar association.
It would be a transfer deed -- you can do it yourself, but any real estate lawyer would be able to help you.
I would consult with a probate attorney and make sure what you do need to do.
I'm not a lawyer but the last I knew the executor was not to get anything.
I'd find an attorney who does both estates and real estate. It's not an uncommon combination. Ask people for referrals. Picking out of the phone book is not a good idea. If you know another kind of lawyer or someone who works in a law office, they're a good source.
If your mother's will states that monetary proceeds are to be divided evenly among you and your brothers. You should be entitled to a portion of the money as well.
If your mother left you the house in accordance to her will then the house should have been deeded to you. I would suggest that you discuss your case with an attorney that specializes in probate, wills, and estate planning.
Call the State Bar Association in your state and ask them to refer you to a probate attorney. Good Luck
esse ntially, you are buying out the others. You give up any claim to the money and they give you their interest in the house. I would first see if that is fair by finding out how much the other assets are worth. then, you do indeed need a lawyer because the house is being sold to you by the estate and that sale needs to be approved by the court.
I'm sorry about your mom. This happen to me in Texas. my sister and I took land and cash, then gave my brother the home. It was all fair. Call a real estate lawyer
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