My father who brought my older brother into our home in 1967 as a co-owner. When my father died he left no will, so it meant all 5 children had a part ownership in his half of the property. I went to a lawyer of a friend who met with all of us and new deed was drawn where my 2 bothers and 1 sister signed their 1/5 ownership over to my younger sister and myself. We paid the lawyer be years later found he new filed the deed into probate. For the past 25 years I have lived in the family home paying all tax, mortages and repair bills. When trying to get a refinanced mortgage, I was faced with the problem that all the names of my siblings are still listed on the deed. The fact is 3 of them have passed on and only my baby sister and myself are still alive. My baby sister is willing to turn her 5th over because she has not lived her or contributed to any of the cost and upkeep. What should I do to correct the deed to clear off the deceased names - I may want to sell in future.
Thanks for any advice you can provide.
Paula in Pain

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Originally Posted by sugar50nj

... We paid the lawyer be years later found he new filed the deed into probate. ...

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This sentence is garbled. Do you mean "We paid the lawyer but years later found he never filed the deed into probate."?

I don't know that the deed had to be filed in the probate court. It simply should have been recorded. Assuming that this was not done either, do you know where the deed is?

If you can't find this deed, it might require a quiet-title action. This would mean serving notice on all heirs to all deceased siblings. Probably messy. Get an attorney, and this time keep track of what he is doing.

Hello - Yes you are correct - sorry I must have been typing too fast. Yes I do have the deed listing the names of the siblings and signatures where they signed over their parts of ownership to my sister and I. What would be our next step to remove our deceased siblings names and update the deed?

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Originally Posted by sugar50nj

Hello - Yes you are correct - sorry I must have been typing too fast. Yes I do have the deed listing the names of the siblings and signatures where they signed over their parts of ownership to my sister and I. What would be our next step to remove our deceased siblings names and update the deed?

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All siblings signed it? Simply record the deed. Unless I am missing something, that should do the trick.

Thank you! - Yes all siblings signed it. Where do I go to record the deed? Would it be City Hall or the county clerks office? I guess it could be different depending on where you live? - Thanks again for your help.

Yes, if there is a proper deed, signed and witnessed, then just file it.

If not, the problem will be that the other siblings heirs would now be the owners and they would have to sign or sell you their shares.

But if you have the original deeds, I would try filig them now