My dad had open heart surgery so he signed his house over to my sister and I. Two weeks after he had his surgery my mom passed unexpected. he was afraid something would happen to him so he signed his house over to us. now two years later he is doing fine. he wants his name back on the house I signed my portion back over but my sister refused to. please help she has tried to sell his house with him still living in it!
Also, how did you "sign" your portion "back over" Did you quit claim your interest to your father?
I had the impression though that your father has relinquished all title. Did he convey to the 3 of you jointly, i.e., does he still have an ownership interest?
Who pays the taxes? HO insurance? Mortgage payments?
I'm assuming if there was a mortgage that he didn't contact the lender to have your sister and you assume the mortgage and be responsible for it? I.e., was there ever an Assignment of Mortgage executed and recorded?
As to your mother dying without a will, that's called intestacy. State law on intestacy would then be applied to determine who the heirs are. Your profile doesn't indicate what state you're in, or what state the property is in, so there's no way any one here could tell you who would inherit and what any children might be entitled to.
Sorry again.