Need info about changing name on deed

[PhoebeBibbs]

What is the name of your state (only U.S. law)? New Hampshire

My mother died ten months ago without a will. She made it known verbally that she wanted her house and land to go to my two sons. She owned the house outright and did not have a mortgage, and there are also no debts.

My sister (her only other child) and I both want my two sons to have the house and property, and we are willing to do whatever we can to make this happen. I have been researching affidavits of heirship online, and also quit claim deeds. Can we do a notarized affidavit of heirship to establish that my sister and I are the only two legal heirs, and then each of us do quit claim deeds to deed the house and property over to my two sons... and do this ourselves without a lawyer?

The New Hampshire State Attorney General says they do not answer legal questions and have given a telephone number for legal help that is only available two hours every month. So far we have been unable to get through. The New Hampshire Department of Deeds says they do not know because they only file the deeds.

Money is tight. We are hoping to change the title legally but as inexpensively as possible. I hope someone with knowledge of New Hampshire law can answer this question... can the deed be changed with an affidavit of heirship and quit claim deeds? Thank you.

 

[tranquility]

What is the name of your state (only U.S. law)? New Hampshire

My mother died ten months ago without a will. She made it known verbally that she wanted her house and land to go to my two sons. She owned the house outright and did not have a mortgage, and there are also no debts.

My sister (her only other child) and I both want my two sons to have the house and property, and we are willing to do whatever we can to make this happen. I have been researching affidavits of heirship online, and also quit claim deeds. Can we do a notarized affidavit of heirship to establish that my sister and I are the only two legal heirs, and then each of us do quit claim deeds to deed the house and property over to my two sons... and do this ourselves without a lawyer?

The New Hampshire State Attorney General says they do not answer legal questions and have given a telephone number for legal help that is only available two hours every month. So far we have been unable to get through. The New Hampshire Department of Deeds says they do not know because they only file the deeds.

Money is tight. We are hoping to change the title legally but as inexpensively as possible. I hope someone with knowledge of New Hampshire law can answer this question... can the deed be changed with an affidavit of heirship and quit claim deeds? Thank you.

From your facts, probate will have to be opened. The land will pass by intestate succession. Start at http://www.lawserver.com/law/state/new-hampshire/nh-statutes/new_hampshire_revised_statutes_561_1

I. If the deceased is survived by a spouse, the spouse shall receive:
(a) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(b) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, and there are no other issue of the surviving spouse who survive the decedent, the first $250,000, plus 1/2 of the balance;
(c) If there are no surviving issue of the decedent but the decedent is survived by a parent or parents, the first $250,000, plus 3/4 of the balance of the intestate estate;
(d) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, and the surviving spouse has one or more surviving issue who are not the issue of the decedent, the first $150,000, plus 1/2 of the balance of the intestate estate;
(e) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, the first $100,000, plus 1/2 of the intestate estate.
II. The part of the intestate estate not passing to the surviving spouse under paragraph I, or the entire intestate estate if there is no surviving spouse, passes as follows:
(a) To the issue of the decedent equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degree take by representation.
(b) If there are no surviving issue, to the decedent's parent or parents equally.
(c) If there are no surviving issue or parent, to the brothers and sisters and the issue of each deceased brother or sister by representation; if there is no surviving brother or sister, the issue of brothers and sisters take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree then those of more remote degree take by representation.
(d) If there are no surviving issue, parent or issue of a parent but the decedent is survived by one or more grandparents, one half of the estate passes to the paternal grandparents if both survive or to the surviving paternal grandparent if one paternal grandparent is deceased and the other half passes to the maternal grandparents in the same manner; or if only one grandparent survives, such grandparent shall receive the entire estate.
(e) If there are no surviving issue, parent, issue of a parent, or grandparent but there are issue of the decedent's grandparent who survive, one half of the estate passes to the issue of the paternal grandparent who are not beyond the fourth degree of kinship to the decedent and said issue shall take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation, and the other half passes to the issue of the maternal grandparent who are not beyond the fourth degree of kinship and said issue shall take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; provided, however, that if there are no issue of the decedent's grandparent within the fourth degree of kinship to the decedent on either the paternal or maternal side, the entire estate passes to the issue on the other side who are not beyond the fourth degree of kinship to the decedent and said issue shall take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation.
(f) No portion of a decedent's intestate estate shall pass to any person who is of the fifth or greater degree of kinship to the decedent.
(g) If there is no taker under the provisions of this section, the intestate estate passes to the state of New Hampshire.
III. All determinations of survivorship shall be made in accordance with the provisions of RSA 563

Once probate is opened, this form (or one like it) will be filed. http://www.courts.state.nh.us/forms/nhjb-2151-p.pdf

A disclaimer will have the property pass as though the disclaimaint is pre-deceased so I don't think a disclaimer will work. You will have to take the property (although sister could disclaim) as your own and then gift it to the children.