So my old lawyer never finished the quit claim deed to my name, even though he was paid for it. It was supposed to be done like 5 years ago. My mom signed it before she passed, but it never got filed. I’ve asked the lawyer so many times for the deed, but he just ignores me. Anyone know what my next step is to get this property in my name? I’m honestly so frustrated.
Ugh, that’s rough! Sounds like probate might be your only option here. You’ll need to open probate to prove you’re the sole heir and get the deed in your name.
Remy said:
Ugh, that’s rough! Sounds like probate might be your only option here. You’ll need to open probate to prove you’re the sole heir and get the deed in your name.
Wait, so probate is the only way? Even though my lawyer messed this up?
@Ming
Yeah, probate’s the way to go. Without it, they won’t let you sell or transfer the property. You’ll have to get the court involved to make it official.
I had a similar issue. My mom passed and I found out the property wasn’t in my name either. Took me almost 2 years to get it sorted out through probate.
Lior said:
I had a similar issue. My mom passed and I found out the property wasn’t in my name either. Took me almost 2 years to get it sorted out through probate.
Wow, that long? How did you get it fixed? Was it hard?
@Kiran
Honestly, yeah, it was a pain. But once probate was opened, I was able to sell the property pretty quickly after it was in my name. Just have to be patient with the court process.
Sorry to hear you’re going through this. Sounds like you might also need to file a malpractice claim against the lawyer if he messed it up and won’t help you.
Adi said:
Sorry to hear you’re going through this. Sounds like you might also need to file a malpractice claim against the lawyer if he messed it up and won’t help you.
I was thinking the same thing. He admitted his mistake but hasn’t done anything about it. How do I even start a malpractice claim?
@Cameron
You’d want to consult with a legal malpractice attorney. They can help you figure out the next steps and whether you have a case. It’s worth looking into if you’ve tried everything else.
I’m not sure if this helps, but I’ve heard that if you open probate and get named as the executor, you can sell the property right away. Maybe try that?
Milan said:
I’m not sure if this helps, but I’ve heard that if you open probate and get named as the executor, you can sell the property right away. Maybe try that?
Oh, so I can sell it even before it’s officially in my name, as long as probate is open?
@Rowen
Yeah, exactly! As the executor, you can sell the house and use the money for the estate. It’s all legal once the court approves it.
Good luck with everything! Once probate is sorted, you’ll have the deed in your name, and then you can sell it if you want. Hang in there!