M
mjcg
Guest
Before our mother died of cancer July 27, 2000 she assured all four of us (her children) that she had her home set up to fall automatically to us. I decided to buy the other three out and a title search and title insurance was put into motion. A little over three weeks after this was started I got a call from the woman who is doing the title insurance end of it and there seems to be a problem on whether we have to go through probate or not. Mom told us all that she had gone to a lawyer in 1994 and fixed the title where it was ours upon her death. She was led to believe that this was the case and there would not have to be any probate done. Well the woman doing the title insurance said the court records only has mom, my brother, my two sisters and myself as owners. There no statement of "joint tenancy with rights of survivorship." That we WILL indeed have to go through probate. We know that mom believed she had it set up right and we believe that she was misled by the lawyer who did this. The biggest problem here is that she had one daughter, our sister, who died in 1978. Mom did not want our sister's children to share in the property nor her husband. (the children are grown with children of their own) What, if anything, can be done about this? And is there any way to speed up the process of probate? or not have to do it at all? Her home is old and small on less than a full lot (40ft X 75ft.) It has a value of less than $10,000. We live in Kansas if this helps any. We are all really upset by this turn of events. Thanks in advance. Maggie
[Edited by mjcg on 12-04-2000 at 06:08 PM]
[Edited by mjcg on 12-04-2000 at 06:08 PM]