transferring deed from deceased parents to adult child

[patty360]

My parents won a little piece of property in New Mexico at the 1962 Seattle World's Fair. Both parents are now deceased and I would like to transfer the deed into my name. What hoops must I jump through in order to make this happen? I live in Washington state.
Thanks in advance.
Patty

 

[justalayman]

Did anybody ever open probate on either or both of their estates?

 

[adjusterjack]

Lots of hoops.

First you'll have to locate the deed and get a copy. If you know where the property is located, figure out what county it's in and start at the county recorder's website to see if you can view and print it online.

Once you get the deed, determine if they took title jointly with right of survivorship.

If they did, it would automatically be owned by the surviving spouse although you might need certified copies of both death certificates at some point.

Whichever parent died last is the parent for whom you have to answer the probate question if ownership was joint with right of survivorship.

If there has already been probate then the executor or representative of the estate would be the one to get the property signed over to the heir or heirs depending on whether there was a will or intestacy.

If there was no probate you are free to step up and open probate.

Once you have figured out the above feel free to come back to this thread for further discussion.

 

[latigo]

My parents won a little piece of property in New Mexico at the 1962 Seattle World's Fair. Both parents are now deceased and I would like to transfer the deed into my name. What hoops must I jump through in order to make this happen? I live in Washington state. Thanks in advance. Patty

A slew of questions are begging for answers, but considering the considerable distance from your home state here is one of extreme legal significance:

When was the last time (day, month and year) that either parent or someone acting with ether's express permission was in actual or constructive possession of the property?

That date is critical for the reason that if ten (10) years has elapsed from that date with neither your parents, their children, heirs or assigns having availed themselves of the benefit of any such title are now forever barred from asserting or effectively prosecuting that title. (See: Section 37-1-22 of the New Mexico Code (*) In essence it is a statute of limitations.

The statute is cast in language somewhat different than some in that it specifically bars an action by a titled owner against persons claiming rights by adverse possession. The inference being that if the property is unclaimed by another, the titled owners rights are not affected. Which removes it from being a true statute of limitations.

What I suggest is that you get in touch with realtor in that vicinity and learn the present physical status and use of the property. It could very well have gone on the block for unpaid taxes and/or a decree of title has been issued. Were talking near half a century.

_______________________________________

(*) ". . . any person or persons, their children or their heirs or assigns, who shall neglect or who have neglected for the said term of ten years, to avail themselves of the benefit of any title, legal or equitable, which he, she or they may have to any lands, tenements or hereditaments, within this state, by suit of law or equity effectually prosecuted against the person or persons so as aforesaid in adverse possession, shall be forever barred . . . ".

 

[patty360]

Lots of hoops.

First you'll have to locate the deed and get a copy. If you know where the property is located, figure out what county it's in and start at the county recorder's website to see if you can view and print it online.

Once you get the deed, determine if they took title jointly with right of survivorship.

If they did, it would automatically be owned by the surviving spouse although you might need certified copies of both death certificates at some point.

Whichever parent died last is the parent for whom you have to answer the probate question if ownership was joint with right of survivorship.

If there has already been probate then the executor or representative of the estate would be the one to get the property signed over to the heir or heirs depending on whether there was a will or intestacy.

If there was no probate you are free to step up and open probate.

Once you have figured out the above feel free to come back to this thread for further discussion.

Thank you for your quick response. No probate, I'm the only heir. Guess it's time to step up and open probate. Doubt this piece of land is worth the hassle, but I'll see what happens.
Thanks again!
Patty