Legal Question in Wills and Trusts in New Mexico
house in mine and my mothers name,mother passed away.want to transfer deed into someone elses name.house is worth nothing,can my siblings tie it up in probate? there is no will.
Asked on 4/01/10, 4:15 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
The correct answer depends upon how the deed reads. If it is you and your mother as joint tenants with right of survivorship [JTWROS], or if it reads you and/or your mother, then no one else has a claim on the house and you can sell it in the ordinary fashion by warranty deed. If it reads you and your mother, then you will need to file a death certificate with the county clerk where the property is located.
Answered on 4/07/10, 8:44 am