England & Wales
It depends on the circumstances. You mention from whom the title is being transferred, but not to whom. If it is being transferred to the beneficiaries under the will, then usually an Assent is needed. However if they plan to sell the property, it might be advantageous to use a Transfer Deed. Some situations are also affected by Capital Gains Tax, which might make it preferable for the property NOT to be held by the beneficiaries before being sold on. Because an incorrect decision at this stage could end up costing thousands of pounds, it is sensible to seek the advice of your probate lawyer and your conveyancer.
My answer relates to the law in England or Wales, and in other jurisdictions it could be different, however it is almost always best to take advice from a SPECIALIST lawyer (not a general practitioner) before making decisions.
United States
When a person dies owning real estate their estate must be probated in order for the executor or the beneficiaries to acquire legal title to the property. Once the Will has been allowed and the executor has been appointed by the court there are several ways the title to the property can be transferred (depending on the circumstances) including the following:
Deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct if they can be corrected.
It is my understanding that if both parents are deceased, next in line would be a sister, brother....hope this helps.
Not legally. It would be interferring with the transfer of property and could result in criminal charges.
This would depend on the Will. If not addressed, were the parents married? If not, the paternal grandparents have not claim as unmarried fathers have no assumed rights. Otherwise, if the parents were married, and no Will exist, than it would be a matter for the Probate court.
The bank needs to know the borrower is deceased. I do not know if they would transfer the loan to you. Make sure your car insurance is also paid up.
Yes they can, indirectly, such as in a case of wrongful death where the deceased parents killed others by the same actions which resulted in their own deaths. In other words, the accident or incident that killed the parents also killed a child or other person, and there is reason to think that the parents committed an act of negligence that resulted in the death of others. However, you would not be suing the parents, but making a claim against their insurance. But if the insurance refuses to pay, then you would sue the insurance company. Anyway, the children would not be suing the parents, but their parents' insurance or their parents' estate.
Unsure exactly what it is that is being asked. (for example) If you inherited your deceased parents house, which was formerly in their name, you would be foolish NOT to transfer it into your name. As to being "illegal" - probably not - but you very well might incur some administrative costs and penalties if the County's tax and real estate records are not brought up to date.
Generally if both parents are deceased and died intestate, their five children and the children of any deceased child would be the next-of-kin. You can check your state laws of intestacy at the related question link below.
If a grandparent has applied for guardianship of minor grandchildren because parents are deceased, can the children state that they don't want to live with the grandparent even though that would be in the childrens best interest
The living sister would be qualified as long as she is not under 19 years old.
In order to ensure that a wife collects her deceased husband's insurance policy, it is beneficial to transfer the beneficiary of the policy while the husband is still alive. If the beneficiary of the policy is also deceased, it would be wise to seek legal help.
That depends on whether or not they have any children, grandchildren, siblings, or if their parents are still living. If they have children, then the children are the next of kin. If they had children and the children are deceased, yet had children of their own, then the grandchildren would be the next of kin. If there are no grandchildren either, then the parents are next of kin. If the parents are deceased, then the siblings would be next of kin. If they have no children, grandchildren, siblings or surviving parents or grandparents, then the closest blood relatives would be their next of kin, such as aunts and uncles, cousins, etc. in that order.
Your spouse is your next of kin if you are married. If you have no spouse and no children then your parents and siblings are your next of kin. Which is first depends on the law where you live.It depends on state law; however, generally the deceased person's spouse (through marriage) would be next-of-kin.If the deceased person is not married, it would generally be his/her parents.