Who would own the house?

Without a will or trust in place, probate usually switches real estate property to the surviving spouse or husband. Check with a local real estate attorney in your area.

To eliminate probate on the home, your mom could add either you or your stepdad to the title. It depends on who she wants to have the property if she dies. It is simple to add a person to the title. You can go to any title company and they will draw up the paperwork. Your mom would have to go to the title company and sign (it needs to be notarized). Then the title company records the new deed with the county. Costs is between $50 and $100. Once on the title, you (or your stepdad) would be considered an owner and if something happens to your mom you would not have to do probate or other legal processes. Even a will does not protect a person from probate but being on title does. Hope that helps.