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    ilostinadream's Avatar
    ilostinadream Posts: 2, Reputation: 1
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    #1

    Dec 7, 2007, 02:40 PM
    How to remove someone who has died from the Title/Deed
    Well my question in specific is how to remove someone who has died from the Title/Deed, never paid anything towards the house, has heirs, and now just because his father put him on the title in 1979 to be able to have another income to get the loan, now my mother in law is about to lose the house. The issue is that My mother-in-law and her brother are listed on the title. Her brother passed away in 2000 and his death cert. was never recorded. But he has three children who according to the law might have right to his part of the house. Neither of them are interested in it and he never truly owned the house my mother-in-law paid it off herself. Now how would I go about removing him from the title and giving her full ownership as soon as possible. Oh and my mother-in- law is listed on the title as tenant in common with her brother.

    This is in the State of Florida, and any answer will be very helpful.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Dec 7, 2007, 03:10 PM
    Since your uncle was tenant in common with your mother-in-law, this means his share of the house goes to his heirs. So if he named his children as heirs in his will, they are indeed now part owners along with your mother-in-law. Doesn't matter who paid of the mortgage. I suggest that your MIL sit down with her brother's heirs and figure this out. Otherwise one or the other party could force a sale. I now it doesn't sound fair, but the reality is that her father created this mess when he named both your MIL and her brother as tenants in common. Ideally she should have bought out her brother's half while he was still alive.
    ilostinadream's Avatar
    ilostinadream Posts: 2, Reputation: 1
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    #3

    Dec 10, 2007, 08:46 AM
    The issue is that he didn't have a will. And his heirs are not interested in his part. So can a probate attorney fix this mess? Or can it be done amongst us without an attorney getting invloved?

    Thanks ebaines!
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Dec 10, 2007, 08:56 AM
    First your late uncle's estate must be probated. Then the executor of the estate must prepare a deed from the estate to your mother-in-law for your late uncle's share of the property.

    I suggest that you have this handled by an attorney. If it's not done properly it will be difficult and expensive to fix.
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