Inherited house and then some

[berniematic]

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

After my dad passed away, my mom and I went to the county register(er) of deeds in 2002. We wanted to have my name on the deed for the homestead so that it would pass to me easily if she died. We explained this to the clerk and amended the deed as she told us with the names of mom and son (same last name). Well - she did die in 2008 and named me as personal rep of the estate. I did all the probate business but thinking this house was automatically mine, I did not list it in the estate. I have been paying property tax bills sent to me with both names on them all this time. I figured someday, I'd go back to the deeds office and have them correct it to just me. Last week, someday arrived. The current clerk told me it didn't include the words "in joint tenancy" and I needed a lawyer.

I was mad 'cuz the first clerk knew what we wanted and we did what she said. I felt like I shouldn't need a lawyer but I called one and explained. He was mad 'cuz I didn't want to pay him to do it. However, he did say I needed a Real Estate Transfer Receipt from the state Dept of Revenue and I may have to reopen the probate on the estate. So I got the receipt electronically but I still need a deed or conveyance.

1-Do I need to reopen the probate case in order to file a personal rep deed?
2-Is that the only option?
3-If so, do I list this house as another asset?
4-I made the receipt for half the value of the place 'cuz both our names are on the current deed. Is that OK?

Thank you so much!

 

[FlyingRon]

Ok, as you've realized you made serious mistakes. Clerks do not provide legal advice (nor are they qualified to do so). Adding people to the deed isn't some sort of estate planning. She gave you 1/2 the house at the time she did that and retained half for herself. If you did not specifically list the property as jointly owned, it's tenancy in common (since you were not husband and wife). At her death, you retained your half, but her half passes to her estate.

Yes, you will need to reopen probate. The only thing that might make things easier is if the total assets (1/2 the house plus all the others) was less than $50,000. Then you can use the small estate procedure. Yes, her half of the house is an asset to the estate.

Her half of the house stepped up to the value it had at her death. That's the value you use for the transfer.
Your half of the house has the basis that your mother had before she deeded it to you. There are some interesting vagaries to Wisconsin law with regard to this, but let's just assume that it's the value it had at the time your father died.

 

[berniematic]

Thank you for the timely response. Yup - mistakes. The estate was already over 50K so I had to do the regular probate business in '08. So - now - once the estate is reopened, I can fill out a personal rep deed along with the state transfer receipt and the $30 fee to get this done. Correct?