Inheritance Title Transfer

[Zigner]

I cant afford a probate process anyways and to pay my older brother the money. He is a raging drug addict that is violent and its really useless bothering with him about it.

Please just stay out of this conversation your not helping and just making everything more confusing and now currently trolling me.

I'm sorry that you cannot accept the reality of the situation. You simply can't do what you want to do without your brother's agreement. I wish you the best of luck in whatever location you land in.

 

[sw4rmed]

I'm sorry that you cannot accept the reality of the situation. You simply can't do what you want to do without your brother's agreement. I wish you the best of luck in whatever location you land in.

Then thats very sad our country dooms poor people to not inherit a house because of the expensive probate process.

 

[zddoodah]

This is very confusing. I keep getting told I can do a probate, or bypass it by a small claims deed. What do I do in my situation to affordably transfer this property to me instead of that a poor man cant inherit family estate by law and extensive legal requirement. I just need to have her transfer the title to me.

I've already told you:

If the seller wants to transfer title to you, she is free to do so, but it would be dumb to do that.

If you want to probate the estate -- whether or not by the small estate process -- you can do that, and, based on what you've told us, that should end up with you and your brother jointly owning the property (assuming that, when push comes to shove, your stepfather and twin actually do what they've told you they'll do).

She said she is willing to transfer it to me at any time but what kind of paperwork will I need in order for her to transfer it to me in this situation? I am not experienced in this and looked online. They said I need to have her sign a deed but there are so many different types of deeds. What type of deed paperwork should I have her sign in order to transfer it?

Any deed will do the trick. Opining about deed form over another would constitute the giving of legal advice, which violates this site's terms (read the "Legal Disclaimer" at the bottom of every page at this site).

I don't want to live in a country that hates me because im white and just pushes for my racial extinction while furthering the impossibility of me to get a job and over tax me to fund poc. I will just marry a girl from another country and save enough money to move.

your not helping and just making everything more confusing and now currently trolling me.

If you don't want responses to idiotic comments like this, then don't make them.

 

[zddoodah]

Then thats very sad our country dooms poor people to not inherit a house because of the expensive probate process.

Perhaps you should focus your discontent on your mother because it was her actions and inaction that created this situation. It's no one's fault but hers. She could have taken very simple and inexpensive steps to ensure that this process would be simple and inexpensive for you and her other heirs, but she didn't do that. Don't blame the system. Blame her.

 

[zddoodah]

I received the following private message from the OP:

Thank you for your assistance I greatly appreciate it. What kind of deed should I ask the county clerk for in order to have her sign the property title over to me? I rather just do this and deal with the chances of getting sued later. The house is falling apart and its really not worth all the probate process which I have been informed will cost around 2000$ on a property that will only be worth around 8 thousand and less in the near future.

This has been answered above.

 

[Zigner]

Then thats very sad our country dooms poor people to not inherit a house because of the expensive probate process.

It does not. The problem you are having is caused by (1) poor planning on the part of the deceased person and (2) by a sibling who doesn't want to give away what is (would be) rightfully theirs.

 

[sw4rmed]

Since the property was never officially transferred to my mom and still under the ownership of the seller and my dad and brothers except one all give permission to sign it over to me I have arranged a General Warranty deed and the seller agreed to just transfer ownership to me by a general warranty deed. Will this work?

 

[army judge]

I have arranged a General Warranty deed and the seller agreed to just transfer ownership to me by a general warranty deed. Will this work?

The answer "it depends" comes to mind.

In my view,

It depends on what you wish to do with the property AFTER the "general warranty deed" has been executed.

What does a "General Warranty Deed" mean?

A "general warranty deed" type of deed guarantees a clear title to the buyer of property, who is warranting to the seller that they own the property, have the right to sell the property, that the property has no encumbrances other than the ones stated, and that the seller will defend title against all claims by all who might come forward with same.

It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that he/she/they are transferring "whatever" ownership held and if it turns out they don't actually own the property, the grantor will be responsible for compensating the buyer.

Using a Warranty Deed to Buy Property

 

[Zigner]

Since the property was never officially transferred to my mom and still under the ownership of the seller ...

The seller's correct move is to transfer the property to the estate.

... and my dad and brothers except one all give permission to sign it over to me I have arranged a General Warranty deed and the seller agreed to just transfer ownership to me by a general warranty deed. Will this work?

I hope the seller gets some professional (legal) advice on the matter before doing that, as it is a monumentally stupid idea.

 

[zddoodah]

Since the property was never officially transferred to my mom and still under the ownership of the seller and my dad and brothers except one all give permission to sign it over to me I have arranged a General Warranty deed and the seller agreed to just transfer ownership to me by a general warranty deed. Will this work?

It's pretty obvious that you don't really care about what's supposed to happen and are only concerned about acquiring full ownership of something that you are, at most, only entitled to a portion of. Are there ways for that to happen? Sure. Best of luck to you.

 

[sw4rmed]

The answer "it depends" comes to mind.

In my view,

It depends on what you wish to do with the property AFTER the "general warranty deed" has been executed.

What does a "General Warranty Deed" mean?

A "general warranty deed" type of deed guarantees a clear title to the buyer of property, who is warranting to the seller that they own the property, have the right to sell the property, that the property has no encumbrances other than the ones stated, and that the seller will defend title against all claims by all who might come forward with same.

It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that he/she/they are transferring "whatever" ownership held and if it turns out they don't actually own the property, the grantor will be responsible for compensating the buyer.

Using a Warranty Deed to Buy Property

Thank you for your advice sir. Will the seller or me have to pay taxes on the general warranty deed if so who and how much? Also I have seen that some websites say I must have several witnesses to have it notarized is this true if so how do I choose my witnesses?

 

[Zigner]

Thank you for your advice sir. Will the seller or me have to pay taxes on the general warranty deed if so who and how much? Also I have seen that some websites say I must have several witnesses to have it notarized is this true if so how do I choose my witnesses?

Assuming you have appropriate identification, notarization does not require any "witnesses" (aside from the notary, of course).