How to transfer property interest from a co-owner of an estate

[jbbrooks]

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

We are living on property left to 2 daughters upon the death of their father. One of the co-owners wants to sign over their half of the property to us for caring for him for the past 10 years and I wanted to know what is the best legal way to make it official. The property is still in probate at this time so is there a way for her to do this either by a quitclaim deed or some contract showing intent on transferring her share when the matter is out of probate? Any information on how to best approach this would be appreciated.
Thanks

 

[justalayman]

why are you so adamant about getting something in writing? If she intends on gifting it to you, that is what she is going to do.

She cannot transfer ownership until she has an ownership interest. She can do that via quit claim or warranty deed. She is likely to incur a serious tax liability due to the gift. It seems a bit unfair for her to incur such a tax liability in order to give you the home.

What is the other sister intending on doing with her share? If she intends on something other than allowing you to live in the home it could cause a long argument with neither party really winning.

who is the executor? Does the estate have debts that would require the sale of the home to be able to pay the debts? Is there a mortgage on the home?

 

[tranquility]

is there a way for her to do this either by a quitclaim deed or some contract showing intent on transferring her share when the matter is out of probate?

Keep all your posts in the same thread. As was told to you in the other thread, no.

It is in probate. Only the executors can sell/give the property.

Any information on how to best approach this would be appreciated.

Wait until probate is finished and get the property from sister, or convince both executors to give you a quit claim now.

But, no one will really understand the problems until they read your other thread. Keep your questions there.

 

[jbbrooks]

It is a different situation as the other thread now.

The fact is that one sister (50% co-owner) that wants to allow us to stay at the property wrote out a statement for the judge saying she was giving her 50% interest to us. It isn't as if we are just given the property out of the blue. When the owner first passed, both sister's expressed they did not want the property because of the degraded state it was in and they were going to allow it to be sold at the tax sale. We expressed that we wanted to keep that from happening since we knew the owner well and my aunt and I donated our time with him in his declining last few years helping him with personal needs and home care so we felt wrong for it to go to a stranger (both sisters are from another state). They both initially was fine with that so we won the tax bid and began rehabbing the property and eventually moved in a year later after it was made livable. Not too long ago I was contacted by one of the sisters asking a lot of questions wanting me to help in litigation with the other involving stocks and bank accounts and I said I was wanting to stay out of it. Shortly after is when she then redeemed the property and tried to have us evicted, that is why the other co-owner is wanting to give us her interest to keep us from being without legal rights. We had a hearing on the eviction and the judge continued it asking for the co-owner's attorney to send a letter of her intentions regarding her property interest. We offer to pay all attorney's and other fees incurred by us and her so any tax costs and such by her will be taken care of. So my question is if it would be better to get a statement saying we have permission to reside here until it gets out of probate and then get a quitclaim deed for her interest in the property or is there a better route. Both sisters are co-executrix, there is no debt by the deceased nor a mortgage. The reason I started a new thread is because it is no longer a tenant/landlord type issue (eviction) but more of a estate/probate matter but if you think it would be better suited posted there I would gladly do so.
Thank you

 

[tranquility]

The fact is that one sister (50% co-owner) that wants to allow us to stay at the property wrote out a statement for the judge saying she was giving her 50% interest to us.

She has beneficial interest, not legal interest. The estate still owns the property.

So my question is if it would be better to get a statement saying we have permission to reside here until it gets out of probate and then get a quitclaim deed for her interest in the property or is there a better route.

Only the executors can give permission to stay there. A quitclaim will give you beneficial interest, but not rights to stay. Without permission from the executors you have no right to stay on the property.

Stop posting in this thread.

 

[latigo]

She has beneficial interest, not legal interest. The estate still owns the property. .. . .

That is not true. Not in Alabama where the devisees and not the estate holds the legal title to the real property so devised.

Upon the testator’s death title passed automatically to the daughters by operation of law. Alabama Code Section 43-2-830(a) Devolution of estate at death;

Although the decedent’s property, real and personal “is subject to homestead allowance, exempt property, family allowance, rights of creditors, elective share of the surviving spouse and to administration”, Alabama Code Section 43-2-830(c) nevertheless it devolved * directly to the two daughters by operation of law.

It is true that under Alabama probate law the personal representative has the authority to assume possession and control of all the decedent’s property, real and personal.

However, if in the judgment of the personal representative possession of the property will be unnecessary for purposes of administration, “the personal representative may surrender such property to the person presumptively entitled thereto”. Ibid Section 43-2-837


[*] Devolve v. when property is automatically transferred from one party to another by operation of law, without any act required of either past or present owner. The most common example is passing of title to the natural heir of a person upon his death.