Transferring House Title Into Daughter's Name

Transferring House Title Into Daughter’s Name

A reader wants to know how to pay the back taxes owed and transfer her mother’s property into her name

Q: My mother passed away in January of this year. She died without a will. My house sits on land that was my mothers and is supposed to be mine. I just have to pay the back taxes to have it transferred in my name.

My sister gave me the tax bill which has my mother’s name on it but was sent in care of my sister. She says she doesn’t know why it came like that. She also told me I wouldn’t need her to transfer the home into my name.

Why You Buy Title Insurance

That doesn’t sound right. Why would it be sent to my sister’s address? What can I do to transfer the property into my name?

A: We are sorry for your loss. First things first. You need to determine how your mom held the title to her home. She could have owned it in her own name, in the name of a trust, or jointly with you or your sister. Your sister may be giving you as much information as she has, but you need more to understand what’s really going on with the property.

When people die intestate, that is, without a will, their heirs need to go to probate court to process the assets in the estate. The court will approve an executor of the estate and then have that executor transfer the assets to the relatives entitled to inherit property. This process allows the heirs to change the name, or title, of the assets from the deceased into their own.

Estate Planning: Holding Title as Tenants in Common Causes Problems

Here’s the thing: If your mom put your name on the title to the home or property with her and you owned it jointly with her with rights of survivorship, you would inherit the home automatically on the death of your mother. There are good estate planning reasons (mostly having to do with tax) not to do this. But a lot of people do, figuring it will keep their heirs from having to go to probate court.

The issue of paying the real estate taxes on the home, and who receives copies of the tax bills, may not be relevant. Your mom could have set up your sister as the person to receive copies of the tax bills. In some situations, the owner of a home might not put their own name for the tax bills and have them sent to a different address. Regardless, the important thing is that the taxes get paid.

Is Title Insurance a Waste of Money?

When homeowners fail to pay their real estate taxes, the local taxing authorities can levy a hefty monthly interest charge on the late payment of those bills. The homeowner has a finite amount of time (sometimes a year or two) in which they can come forward, pay all the taxes and fees owed, and bring the property into good standing. The additional expenses can be quite high, but if you never pay the taxes and fees, someone else can swoop in, pay the taxes, and be named owner of the property. You don’t want that to happen.

Here’s how you should proceed: First, pay the tax bill. Next, figure out how your mom held title to her property. Look for a document that would show whether you’re on title. Then, find out how you can transfer or receive the full ownership of the property. Your local recorder of deeds office (or another office that handles the filing of real estate documents locally) can help you find the deed that put the property into your mother’s name. That office should also know if there were any subsequent documents that may have put your name on the title to the home. You should search your local government website, as many services provided by your local recorder of deeds office are now available online. A local title or settlement company may also be able to help you for a fee.

Kids on title to house? Another take

Employees of the local recorder of deeds office won’t tell you whether you are an owner. But, you might get a better idea of what’s going on with your mom’s home. If you can’t find anything that shows that your name is on the title to the home, ask your sister why she believes that you should be the sole owner of your late mother’s property. Perhaps she doesn’t want it or knows your mother wanted you to have it.

Get that tax bill paid quickly while you look for additional information. If you can’t find what you need, or figure out how to get it, consult with a local attorney who might be able to expedite the process. Good luck!