PDA

View Full Version : How to remove a dead person from a deed


silverfoxcir
Apr 8, 2010, 01:52 PM
My mother in law and her deceased boyfriend's name is on the house deed. She wants to have his name remove. What does she needs to do?

silverfoxcir
Apr 8, 2010, 01:53 PM
My mother in law and her deceased boyfriend name's are on the house deed. She wants to have his name remove. What does she needs to do?

silverfoxcir
Apr 8, 2010, 01:56 PM
=silverfoxcir;2307275]my mother in law and her deceased boyfriend name's are on the house deed. She wants to have his name remove. What does she needs to do?

LisaB4657
Apr 8, 2010, 03:02 PM
The way to do it depends on how the names were listed on the deed. Were they listed as tenants in common or as joint tenants with right of survivorship? If they were listed as tenants in common then the bf's share becomes part of his estate. The estate has to be probated and the executor has to issue a new deed to the heirs according to the will, or according to state law if there was no will.

If the property was owned as joint tenants with right of survivorship then your mother-in-law can go to an attorney or title agency with a copy of the death certificate. They will prepare and record a new deed listing her as the sole owner.

AK lawyer
Apr 10, 2010, 10:19 AM
...
If the property was owned as joint tenants with right of survivorship then your mother-in-law can go to an attorney or title agency with a copy of the death certificate. They will prepare and record a new deed listing her as the sole owner.

A deed from whom? Mother-in-law, grantor to mother-in-law, grantee, reciting the joint tenancy and the fact that he died?

LisaB4657
Apr 10, 2010, 12:35 PM
A deed from whom? Mother-in-law, grantor to mother-in-law, grantee, reciting the joint tenancy and the fact that he died?

Exactly. It's not really necessary but it does help to clean up the title and make it a little easier to sell the property later.