In this 3-part series, we will explore what happens when you think you own something, but it turns out you don't.

Part 1: You Call It Home—But Do You Legally Own It?

You’ve lived in the house for years. You’ve paid the taxes, repaired the roof, kept up the lawn, and maybe even raised your family there. It’s the place everyone in your circle calls “your home.” But when it comes time to sell, refinance, or protect it legally—you hit a wall. Your name isn’t on the deed. Despite all your time, money, and emotional investment, you don’t actually own the home in the eyes of the law. And without legal ownership, you can’t make decisions about the property, access its equity, or guarantee that you—or your children—will keep it.

Key Warning Signs:

• The property was “left” to you, but no one ever opened probate.
• There’s no will, and no legal title was ever transferred.
• A promise was made—but never put in writing.

What Can Go Wrong:

• You can’t sell or refinance.
• Insurance might not cover damages.
• Distant relatives (or the state!) could claim a share.

🔧 The Fix: How to Regain Legal Ownership of “Your” Home

Discovering that the home you’ve been living in—and maintaining for years—isn’t legally yours is unsettling. Fortunately, there is a path forward. But it involves time, money, and navigating the court system. The sooner you act, the easier it will be to protect your investment and avoid further complications.

Here’s what it usually takes to fix the issue:

✅ 1. Open a Probate Case

If the property is still in the deceased owner’s name, you’ll need to open a probate case in the county where the home is located. Probate is the court-supervised process of settling someone’s estate after they’ve died. It’s the only legal way to transfer ownership of the home if no other legal mechanism (like a trust or transfer-on-death deed) was used.

📝 Tip: In Minnesota, probate may be required even if there’s a will. Don’t assume it was handled unless you’ve seen a court order and a recorded deed.

✅ 2. Establish Your Legal Right to Inherit

The court will need to determine who is legally entitled to inherit the property:

• If the deceased had a valid will, that document should specify who receives the home.

• If there is no will, the state’s intestacy laws will decide—often giving shares to multiple heirs.

This step is crucial, especially if there are other potential heirs (siblings, cousins, estranged relatives) who may have a legal claim.

✅ 3. Prepare and Record a New Deed

Once the court gives the green light, the next step is to prepare a new deed that transfers ownership from the deceased person’s estate to the rightful heir(s). That deed must be recorded with the county to make the transfer official. Without it, you still can’t legally sell, refinance, or fully insure the property.

✅ 4. Clear Up Any Insurance or Tax Gaps

If your name isn’t on the deed, your homeowner’s insurance may be invalid—or worse, denied when you need it most. After the deed is updated, make sure your insurance and property tax records reflect the correct legal owner. This step protects you from unexpected liability and loss.

⚠️ What It Might Cost

• Basic probate: A few thousand dollars, depending on complexity.

• Contested probate or missing paperwork: Tens of thousands.

• Worst case: Litigation over ownership, creditor claims, or forced sale of the home.

🛡️ Why You Shouldn’t Wait

The longer you wait, the more vulnerable the property becomes—to unpaid taxes, family disputes, or claims by creditors. If other heirs are unaware of your claim, or disagree with it, things can escalate quickly.

If you need assistance after a loved one has passed, or you would like to discuss your estate plan, please contact us to get started.

To learn more about estate administration, keep an eye on our Events page located at: https://www.wagnerlegalmn.com/events/.

Want to stay informed? Subscribe to our quarterly newsletter for updates.