Legal Question in Wills and Trusts in Arkansas
Transfer of ownership without a will
My father passed away in July. My mother just found out that because the deed to the house was in his name only that the house is not insured even though she has paid the premiums. She received a letter telling her that she needs to send a copy of a deed showing ownership in her name or a document showing that she is the administrator or executor. What does she need to do to get her name on the deed?
2 Answers from Attorneys
Re: Transfer of ownership without a will
...she needs to visit with an attorney to discuss the entire matter
Re: Transfer of ownership without a will
Did your father have a will? If so, has it gone to probate? If there is a will in probate, it would appoint an executor/executor and provide for transfer of the ownership of the property.
If there is no will, the property is going to have to be transferred another way. Your fathers' property, including the house, would be divided by the law of intestate succession. You will probably want a lawyer to lead you through this process.
When either of the two possibilities that I have just written about occur, the court will issue letters stating who the administrator is.
From what you have written, it appears this may be the two best options for being able to transfer the name on the deed. However, I would need more details to tell you for certain what needs to take place now.
I would be glad to provide a more exact answer if you could provide me with some more information.
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