Can my brother an I sell my mother's home if we are not on the deed?

1 answer | Last updated: Sep 22, 2016
Dore asked...

My mother recently passed away. My brother & I are listed in her Will as her Executors. We may sell her house -- what do we need to do? The Deed is still in her name and my fathers (also deceased).


Expert Answers

Judy and Fred co-mediate family property and financial conflicts, and each work individually as mediators as well. Judy Barber, a mediator and family business consultant, assists clients in resolving overlapping family and money conflicts so they are better able to make sound estate planning decisions. Frederick Hertz is an attorney and mediator who specializes in resolving co-ownership matters involving families, siblings, spouses, cohabitants and domestic partners.

Every state has its own probate rules, and you will need to set up a court probate to gain permission to sell the house. As part of that process, the court will issue a new deed in your name - and you may also be required to set up a belated probate in your father's name to clear the title of his name as well. In some states there are expedited procedures when the first spouse dies, and there also maybe expedited procedures if the estate is of limited value. The easiest way to approach this task is to hire a local attorney who has experience in probating estates, and let that lawyer handle it. If you want to avoid the cost of an attorney, you can go to a local law library and study the local probate rules. But don't dawdle- there are rules that apply to decedent's estates about notifying creditors and paying bills, and you will want to be sure to cover those obligations in a timely manner.