How do I remove my deceased uncle from my deed. He left no will. He only have one brother, who is my father?

Were you listed on the deed with your uncle as joint tenants with right of survivorship? If so then it is not necessary to have his name removed. If you want to sell or finance the property all you have to do is provide a certified copy of the death certificate.

How is the deed written now?

Sounds like you dad will likely inherit that half of the deed. Where does he live?

Lisa, yes I am on the deed also, not sure what this right to surviorship is... thanks

Quote:

---

Originally Posted by LCURRIE2

Lisa, yes i am on the deed also, not sure what this right to surviorship is............thanks

---

I am looking to sell, and down size.

The way you are listed on the deed determines if you get your uncle's share of the property or if his share goes to his estate. If it says "joint tenants with right of survivorship" after your names then you get his share. If it says "tenants in common" or if it doesn't say anything at all after your names then his share of the property goes to his estate and gets inherited by his heirs.

If the two of you were joint tenants then you don't need to do anything about changing the names on the deed when you sell, as long as you can provide a certified copy of the death certificate.

If you were tenants in common then your uncle's estate will need to be probated and you will have to cooperate with the executor of the estate and his heirs to sell your share of the property.

If you look at the deed and can't find any of the designations I described then I suggest you speak to a real estate attorney to find out your options.

'If you look at the deed and can't find any of the designations I described then I suggest you speak to a real estate attorney to find out your options.'

Or if you tell us the state we might be able to tell you.