My parents signed over to their 3 children the deed a small property holding in Missouri some years ago, with all three siblings' names recorded as joint owners. My brother has since died. What is the required procedure to have his name removed from the deed?

Was your brother's estate probated? Was there a Will?

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Originally Posted by Lunisia

My parents signed over to their 3 children the deed a small property holding in Missouri some years ago, with all three siblings' names recorded as joint owners. My brother has since died. What is the required procedure to have his name removed from the deed?

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A deed is a document by which title to real property is transferred.

By "remove from the deed" you mean "change title of record", in most states you could do this with a deed from the two remaining on the title, at the time they sell it. Do this, along with a copy of your brother's death certificate delivered to the title company at closing.

Until you sell, mortgage, or otherwise encumber the property, there is no reason to "remove his name from the deed".

I wonder about his will/and/or probate too, or the wording on the deed... do you know you are the beneficiaries of his third of the property?

Yes, first it will depend on how the deed was worded, this brothers heirs may well now own his share of that property and need to have "their" names added.

It will depend upon the exact wording of the deed.

Yes, my brother, sister and I are owners recorded on a Grant Deed executed by my mother. And yes, my brother had a will. His wife was the sole beneficiary and we have a copy of that will, but she lives in a different state, has since moved and hasn't stayed in touch with the family. We've been trying to locate her for some time to ascertain her interest in the property, but so far without success.

I didn't realize you could wait until such time as you sell to change the deed. That is our ultimate goal, since the land is far away from everyone in the family and not worth a lot of money. Annual taxes and fees over the past several years (paid by me) are currently approaching the value of the land.

I assume that legally we must contact the widow, inform her of our wish to sell and see if she wishes to "buy us out" and retain ownership, or if she will agree to sell. Am I correct in that assumption?

When you say that the property was transferred to you and your siblings as joint owners, was there a phrase after the names saying "with right of survivorship"? Or did it say "JTWROS" after the names? Or "tenants in common"?

It is very important that you tell us exactly what appears after the listing of the names on the deed. That language will control how the property is inherited after the death of an owner. If the deed says joint tenants with right of survivorship, or JTWROS after the names, then you and your sister inherited your brother's share of the property after he passed away regardless of any will he may have left.

So take a look at the deed and tell us exactly what it says after the names. Then we can give you a clearer answer.

Lisa, thank you for the iniformation. The document we have is, I believe, the Grant Deed. However, my sister thinks it's only proof of the deed recording. At the very top of the page is the word "DEED" in caps, hence my interpretation. (NOTE: my mother lived in Texas at the time this conveyance was executed, altho' the property is in Missouri).

After the date at the top of the page is the word "Grantor," then my mother's name with a description of her full ownership as my father's survivor and heir. Following that is "Grantee," beneath which are the names of we 3 siblings. Then a description of the property. Then:

"Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property; taxes for the current year, the payment of which Grantee assumes.

Grantor, for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee(s) the property, together with all and singular therights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, successors or assigns forever, without express or implied warranty; and all warranties that might arise by common law in Section ___ of the Texas Property Code of the State of Texas (or its successors) are included."

So it sounds to me as if you're saying that my sister-in-law does indeed inherit 1/3 of the property ownership, as I had assumed. Correct? And if so, what do we need from her in order to sell the property once we locate her?

Sorry but the language you typed out is just typical language in a deed and isn't what I was looking for.

I need to know exactly what it says after the names of the Grantees. Does is say "John Doe, Jane Doe and Lunisia, as joint tenants with right of survivorship" (or JTWROS)?

There is nothing except a property description following the names of the Grantees, whose names are given list-style. Is my sister perhaps correct, and this is not the actual deed?

By the way: my mother's will also includes this property, in which she specifies it to pass to us. She's still living at 99.

It sounds like this is the actual deed. To be absolutely sure you would have to go to the county clerk's office and look at the recorded deed they have on file.

If the deed does not contain the language I described then three of you own the property as tenants in common, which means that your brother's share became a part of his estate and passed to his heirs when he died. If his wife was his only heir then she now owns his share. You would have to find her, buy her out and she would have to sign a deed transferring her share of the property to you and your sister.

Quote:

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Originally Posted by Lunisia

... The document we have is, I believe, the Grant Deed. However, my sister thinks it's only proof of the deed recording. At the very top of the page is the word "DEED" in caps, hence my interpretation. (NOTE: my mother lived in Texas at the time this conveyance was executed, altho' the property is in Missouri).
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I don't follow your sister's reasoning - proof of recording. If it's a photocopy of the deed with recording information, the language would be the same as the actual original deed, right? Whether it's the original or the copy, it doesn't make much difference.

You might check with the recording office in Missouri to see if it was recorded. Does it have recording information stamped on it? If it was in fact recorded, it really doesn't make any difference whether what you have is the original or a copy. It doesn't matter where the original is.

In any event, it does appear to create "in common" ownership among the three siblings (not joint ownership as you originally said); in which case your late brother's estate would need to be probated.

Thanks to both LisaB and AK. Yes, I misspoke when I said "joint tenants." I know from my own experience that it would be tenants in common. My brother's estate has already been probated - some time ago, by his widow. The property was not specifically mentioned in his will, but there is standard language saying, "All of the rest, residue, and remainder of my property, of whatever kind or nature, real and personal, wherever the same may be located...I give, devise and bequeath as follows: if my spouse survives me, everything shall pass to my spouse outright and absolutely." Having examined his will is what occasioned my understanding that we would be obligated to locate his widow and "buy her out." However, I had thought we should remove his name first. Apparently not?

You can't remove his name. The only way a person's name can be removed from ownership of property is by that person (or their heir) giving a deed to someone and transferring away their share.

Thank you for the information, LisaB. I will renew my efforts to find and contact his widow and get the ball rolling. Your help is very much appreciated - and I know this is not finished. I will be back on this site as the issue goes along. I've no doubt there will be other questions.

Your mother is still alive!
You need to see the actual deed, to prove that it was recorded and see the wording. It is on file in the town hall of the town the property is in (I wonder if your mother has one?) and is public info, so you could pay someone a small fee to go look, if the town won't provide one by mail. If it was never recorded, your mother could change it.. but chances are it was.

Thanks joypulv - yes, my mother is still living, although in a nursing home and unable to care for herself. I had thought the same thing about the deed. I've spoken a few times with the Recorder there and just need to find out the procedure for procuring a deed copy if what I have isn't the official document. The problem is that I live in one state, my sister lives in another - and the land itself is in yet another. She's closer but not that close. Very hard to make our way there. But I agree - I should lay eyes on the wording in person if possible.

Most Title insurance companies can search a deed for you. So you could engage one where you are and they can get a copy from the county the property is in.