My parents bought a 2 family house with both parties listed as owners. Now only 1 family is left, the other deceased leaving one child. Does deed need to be redone listing surviving child as new co-owner?

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Originally Posted by lom43

My parents bought a 2 family house with both parties listed as owners. Now only 1 family is left, the other deceased leaving one child. Does deed need to be redone listing surviving child as new co-owner?

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Are you saying that your parents owned the home as joint tenants and that one of your parents then died? In most states this would result in your surviving parent being the sole owner.

If that parent wants to leave it to you, he or she could do so by one of the following:

• nothing, in which case it might go to you by the intestacy statute in your state;
• leave it to you in his/her will;
• transfer it to parent & child as joint tentants with right of survivorship;
• execute some sort of testimentary trust.

Lets get some clarification here before we start. " both parties " who are both parties? All members of the other party are decreased, did they have a will?

Both parties are as follows: my parents (mom and dad) and my aunt and uncle. Both are listed as owners of the house. Aunt and uncle are now deceased leaving one child behind. Do I need to remove aunt and uncle from the deed and make a new one ?

Did your aunt and uncle have a will, did it say who inherits their half of the home?

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Originally Posted by lom43;

Both parties are as follows: my parents (mom and dad) and my aunt and uncle. Both are listed as owners of the house. Aunt and uncle are now deceased leaving one child behind. Do i need to remove aunt and uncle from the deed and make a new one ?

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Please don't put clarifications like this in the "comments" section.

So all 4 are shown in the deed as owners? Does the deed show them as joint owners or owners in common? This is important.

How do you imagine you could "remove [them] from the deed"? If the house is in their name

• they would have to sign a new deed changing the title (obviously impossible since they are dead);
• title would pass to your parents automatically (if all 4 owned it jointly); or
• their interest would pass through their probate estate. Their personal representitives could sign such a deed if the "grantee (s)" named in the new deed were the heirs (no will) or devisees (named in will).

And exactly how is the wording listed on the deed