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    josmama's Avatar
    josmama Posts: 1, Reputation: 1
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    #1

    Jan 19, 2010, 05:19 PM
    Do you change the name on the deed of your house after spouse dies
    My mom in law passed away last month. My father in law wants to know, does he have to change house into his name? Or does he wait till he sells house? Yes, It was joint and yes they had a will. Thank You
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 19, 2010, 05:24 PM

    How as the deed written ?

    If it was written so that the other gets it upon death, no need to change anything. If done properly it will not have to go though probate and the will will not effect it.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #3

    Jan 20, 2010, 11:36 AM
    I agree, but this is an issue that is driven by state law, so it would probably be best to have your father-in-law run it by a local attorney.
    carol810's Avatar
    carol810 Posts: 1, Reputation: 1
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    #4

    Feb 20, 2012, 02:40 PM
    My husband died I would like my stepson to inherit hose and property upon my death
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #5

    Feb 21, 2012, 12:08 PM
    Carol:

    You can do a quick deed to put his name on the house, but that is considered to be a GIFT of half the value of the home, so a gift tax return may be required. No gift tax will be due, but the return WILL be needed.


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