SELECT YOUR LANGUAGE

A tangled title is a property title that does not accurately reflect the present homeowner’s claim to the property. If you live in a home that is in the name of a deceased parent or grandparent, when that person passes away, and you continue to live in the home without changing the name on the deed, you will need to keep the home, you will need to go through the probate process.  An incorrect deed usually does not affect day-to-day life, but a tangled title can make solving problems with the house, especially urgent matters. Addressing tangled titles before there is an emergency like a foreclosure, utility shutoff, or structural damage to the property is an important part of protecting homes for generations to come.  

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Probate is the legal process that your estate goes through after you die, if the property is still in your name.  A court will begin distributing your estate to the appropriate heirs during this legal proceeding.

Probate is more straightforward if the deceased has a will or living trust that expresses their wishes clearly. These documents are useful in naming beneficiaries and an executor responsible for your implementing the wishes.

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During probate, a court will verify the Will for validity, then authorize the executor to settle any unpaid bills and taxes and divide the remaining property following the instructions.

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At the conclusion of probate, a new deed is drafted and recorded, and the heir becomes the owner of record. But a number of factors can complicate probate, including not having a Will, multiple heirs with an ownership claim, family conflicts, contesting the Will, and shared ownership of the property.

Probate can take a year or more, and there are a number of fees involved, such as administrative costs and attorney’s fees. A probate lawyer is not always required, but it may be in your best interest to get help from an attorney.

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By Jason Torrents