Legal Question in Wills and Trusts in Massachusetts
I have been appointed Administratrix to my brothers estate. I am trying to fill out the paperwork to transfer the house to myself. Am I the Transferee as well as the Transferor since I am the Administratrix? Or would he still be the Transferor?
3 Answers from Attorneys
The fact that you asked this question indicates that you are not aware of all the potential pitfalls concerning how title to real estate must pass during probate. I strongly advise you to let an attorney assist you with this paperwork. What you are trying to do will directly affect the quality of the title to the real estate. This issue is extremely important when it comes time to transfer title to another person.
First question. Has the court approved of the appointment of you are the administrator.
Second question. what is your authority under the will and estate
Third question. what is outlined in the will and estate as to transferring the house to anyone including yourself
I agree with previous replies that you should consider retaining an attorney to assist you in probating the estate since the attorney's fee would be a tax deductible cost of the administration.
Having clear title is well worth the expense. Good Luck!