My Mother recently found out through a neighbor surfing the net that my deceased Step-Father's name was still on our house deed. :confused: Since my Mother and I share the same home, she would like to have his name removed from the Deed and have my name added, so the home would be mine, if something should ever happen to her. :( Could you possibly tell me what steps we need to take, to do this, without having to cost a lot? I am physically disabled and my Mother is a senior citizen, so we do not have a lot of money to spend. :o I would be so appreciative, if you could help us or point us in the right direction. :)

Thank you for your time and response.
trina1259

Hello trina:

All she needs to do is make out a will leaving you the house.

excon

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Originally Posted by excon

Hello trina:

All she needs to do is make out a will leaving you the house.

excon

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She has already done that, but she was told by someone that she would have to pay $159 at City Hall, to have his name removed and have my name added, so his family could not come and try to legally claim the home as his. Is that possible, could that really happen and does she really have to go through City Hall to make it legal? I like your seggestion better.

You basically have to file a new deed showing his name removed, along with proof that he is dead ( assuming the deed was made out with right of survivialship, making the other listed paper the owner,

If it is not listed that way it may even have to go to probate court to remove his name, But it would not be done at a city hall ( at least in any place I lived) it is done at the recorder of deeds office whichis normally a county office.

So it is all a matter of how the deceased person is listed on the deed as to what has to be done to remove him. If it is listed with right of survivialshop, really nothing has to be done, now, since at his death she automatically took over all ownership

And a will would cover everything.

But if it was not listed with right of survivialship, then it needs to be done though probate court depending on the laws of inheritance for your state.

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Originally Posted by Fr_Chuck

You basicly have to file a new deed showing his name removed, along with proof that he is dead ( assuming the deed was made out with right of survivialship, making the other listed paper the owner,

If it is not listed that way it may even have to go to probate court to remove his name, But it would not be done at a city hall ( at least in any place I lived) it is done at the recorder of deeds office whichis normally a county office.

So it is all a matter of how the deceased person is listed on the deed as to what has to be done to remove him. If it is listed with right of survivialshop, really nothing has to be done, now, since at his death she automaticly took over all ownership

and a will would cover everything.

But if it was not listed with right of survivialship, then it needs to be done though probate court depending on the laws of inheritance for your state.

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And my only thought would be whether his name actually is still on the deed - internet records are not necessarily correct and/or up to date. Didn't your mother ever notice if tax bills come in both names?

I would also file a new Deed to sort this out or you could have your hands full trying to prove the chain of ownership at the time of your mother's death - I'm not saying anyone could or would question ownership or could or would win the fight but you could be tied up with Attorneys for a long time.

Thank you all so much for helping me out with your replies. His information has helped me greatly and now I know somewhat, in what direction I need to turn. I do have one more question. How do I go about or what steps do I need to take in filing a new Deed, with both my Mother's name and my name on it. She does already have a will, but I do want to take that extra step, to be sure everything is legal and binding.

You need an attorney to file proper paperwork to remove dead father than add you... this should have been done in probate when father died.

My spouse died 20-20-08. What steps am I obligated to preform? r@b

What do I do when my spouse died 10-10-07? r@b

You are very correct, I was "assuming" the internet is correct, The assumptioin is of course if they had taken the name off after his death, they would have know that when it went though probate court.

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Originally Posted by trina1259

Thank you all so much for helping me out with your replies. his information has helped me greatly and now I know somewhat, in what direction I need to turn. I do have one more question. How do I go about or what steps do I need to take in filing a new Deed, with both my Mother's name and my name on it. She does already have a will, but I do want to take that extra step, to be sure everything is legal and binding.

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I'd call the Attorney who prepared the Will and ask for assistance - I don't think I'd take a chance of doing something that will further cloud the Deed.