Wednesday, November 19, 2014

My brother recently dies, there is no will but my brother told me and two family friends that he would tod his house to me. I found a handwr...

Question

My brother recently dies, there is no will but my brother told me and two family friends that he would tod his house to me. I found a handwritten note stating what he verbally stated. No one will contest it is this document legal enough to claim the property?



Answer

Depending upon who would inherit by law, the handwritten note will not likely suffice to convince probate judge to Order that title to the property be transferred to you. But, if everyone in the family agrees that the brother intended the house to go to you, you may be able to live there long enough to claim ownership through other means later. If there was a mortgage on the property, it will likely have to be paid off, for you to have any chance to get the house in your name. This is general information offered in response to your general question and general description of your situation. . You need to get specific legal advice based upon the specific facts of the situation surrounding this house. I suggest that you consult directly with a probate practice attorney soon. Give them access to all the relevant documents you have, and answer their questions, so that you can decide whether and how to pursue your deceased brother's house. many civil and probate practitioners provide a free or low fee initial consultation. Find one in your area, and make an appointment.

Good luck



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