Jump to content


Photo

Transferring a house out of an estate in Ohio


  • Please log in to reply
6 replies to this topic

#1 Nermal1

Nermal1

    New Member

  • Members
  • 4 posts

Posted 08 January 2013 - 11:02 AM

My boyfriend is the administrator of his mother's estate. He is signing the house over to me and I am giving him money to payoff his sister(the other heir). We would like to do this a inexpensively as possible. There are not any loans or liens against the property. Is it possible to file a quit claim deed from an Estate?

#2 Guest_FindLaw_Amir_*

Guest_FindLaw_Amir_*
  • Guests

Posted 08 January 2013 - 11:07 AM

I would highly suggest you consult with a local Real Estate Lawyer before proceeding to transfer such real estate. Many lawyers do offer a free consultation.

#3 Tax_Counsel

Tax_Counsel

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 17,756 posts

Posted 08 January 2013 - 12:29 PM

My boyfriend is the administrator of his mother's estate. He is signing the house over to me and I am giving him money to payoff his sister(the other heir). We would like to do this a inexpensively as possible. There are not any loans or liens against the property. Is it possible to file a quit claim deed from an Estate?


You did not indicate in what state the probate estate is located, and that matters as probate law is state law. I assume that you are not a beneficiary of the estate, that your boyfriend is the other beneficiary, and that he is giving you the home for whatever reason. If my assumptions are correct, then while as administrator of the estate he could execute the deed directly from the estate to you, that’s probably not a good idea. It would save a little money now, but it may create uncertainty with regard to the title, since it won’t be clear from the probate record why you got the property from the estate. That could lead to unwanted legal headaches later on. Your boyfriend ought to consult a probate attorney to ensure that he does this right. Cutting corners now to save a little money can be penny-wise and dollar foolish.

By the way, if the home is a gift from your boyfriend to you and the home, along with any other gifts he gives you during the year, exceeds $13,000 in value, your boyfriend will need to file a federal gift tax return (Form 709) for year. It is due at the same time the federal income tax return is due.

#4 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 46,255 posts

Posted 08 January 2013 - 02:21 PM

My boyfriend is the administrator of his mother's estate. He is signing the house over to me and I am giving him money to payoff his sister(the other heir). We would like to do this a inexpensively as possible. There are not any loans or liens against the property. Is it possible to file a quit claim deed from an Estate?


In whose name does title presently stand? His mother's name? Or his name, "as executor of the estate of" his mother?

Is there a reason why your boyfriend is attempting to administer an estate that is apparently solvent without the assistance of an attorney?

Why does he want to transfer title to you (I am also assuming that you're not a beneficiary of the estate)?


You did not indicate in what state the probate estate is located


It's in the subject header.

#5 Nermal1

Nermal1

    New Member

  • Members
  • 4 posts

Posted 09 January 2013 - 05:52 AM

The property is in Ohio. The title is currently in his mother's name. The only thing in the estate is the house currently valued at $40,000. There are bills to be paid(i.e., medical, real estate taxes, back condo fees, funeral expense) so they need every dollar they can get. He is transferring title to me as I am buying it from him in cash.

#6 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 46,255 posts

Posted 09 January 2013 - 08:38 AM

He can't transfer title to property in someone else's name, which likely means he needs to probate the estate. Otherwise, he may not be able to give you good title. If you want to accept a quitclaim deed and take the risks that go along with that, that's up to you. I wouldn't do it, though. He also takes a risk transferring title to you without having his sister sign off on the deal. But, as long as you pay fair market value, there shouldn't be much issue. He would be wise to consult with a local probate attorney.

#7 adjusterjack

adjusterjack

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 3,926 posts

Posted 09 January 2013 - 12:18 PM

The property is in Ohio. The title is currently in his mother's name. The only thing in the estate is the house currently valued at $40,000. There are bills to be paid(i.e., medical, real estate taxes, back condo fees, funeral expense) so they need every dollar they can get. He is transferring title to me as I am buying it from him in cash.


You noted that he is administrator of the estate.

Has the court issued him papers authorizing him as adminstrator. If yes, he has the power to deed the house from the estate to you. If no, then he cannot do that until he is authorized by the probate court.

And my advice to you is to put aside love and trust and treat this purchase as if you were buying it from a stranger.

Have a title/escrow company or an attorney handle the transfer. Get a general warranty deed and a title policy. You don't want to be out $40,000 and find title problems years from now when you want to sell or refinance long after your boyfriend is a faded memory.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users