Names are not removed from deeds. If there is a change in ownership a new deed must be drafted and recorded with the following exceptions:
It the property was held as tenants in common the decedents estate must be probated in order for legal title to pass to her heirs under the terms of her will or according to the state laws of intestacy if there is no will. In that case you need to contact an attorney who specializes in probate law who can review your situation, explain your options and advise you about drafting a new deed.
Check with your local recorder. But, probably you'll need the death certificate and a notation "with right of survival" with your name on the present deed. Either that, or be named on the will as the owner.
AnswerIf you inherited the property, the estate must be probated in order for legal title to pass to you. If you want to have a new deed drafted in your name you need to consult with an attorney who can draft a proper deed for your jurisdiction and make certain the title is clear and in your name.You can't "remove" a deceased's name from a deed. However, ownership of any real estate owned by the deceased automatically passes to his/her heirs. Proving who those heirs are is typically done through probate, regardless of whether the deceased had a Will. (If no Will, then it is referred to as an intestacy probate.) Sometimes the deceased's family can get by without going through probate IF they are looking to sell the property and an "affidavit of heirship" (where allowed by law) is acceptable to the buyer and/or the title company. The complications involving real estate are why EVERYONE needs to think about how title will pass to one's heirs after one's death.
That depends on the type of deed. If the deed is a survivorship deed, there is no need to remove them, simply file a death certificate with the deed. If they represent a Board of directors, the state law about the proper method may vary. Consult an attorney in your area that knows the local laws.
You can't without doing so as part of probate and following her will (or the intestate/inheritance laws of the land where you live).
You see she may have left the house (or her share in it) to someone other than you and if this is the case, you cant simply take over what was her bit (it would now belong to someone else).
That is done by the estate. It can be a simple as filing a copy of the death certificate of the deceased if it is a spouse or joint tenants. Otherwise it is done by the executor of the estate.
In many jurisdictions and in the case of a survivorship tenancy all you need to do is record a death certificate in the land records along with a statement there are no inheritance taxes due. Your spouse's name will remain on the deed but the proof of death will notify the world that you are the sole owner by survivorship.
You should contact an attorney in your area to make certain the proper documentation is recorded for your state. If you sell the property, the buyer's lawyer will request that documentation be recorded to clear the title.
Take a copy of his death certificate to the title company. You might also call them first to see what else you might need to bring and if you need an appointment.
In this state that is done by a Probate Court. A Probate Lawyer can do the paperwork.
thus needs to go through an attorney
devoers
You have to apply to a court for probate on his estate.
it's your house. it's your house.
The spouse does have some rights to the home, based on specific laws for the state in question. If their name is on the deed, they can control the sale. Consult an attorney in your state.
No.
Add your name to the deed.
That is done through the probate process. The executor can make the change and issue a new deed.
An executrix must carry out the wishes of the deceased. If any of the eight children were excluded by the deceased from inheriting a piece of property she cannot put his or her name on the deed for it.
Falsifying a deed to a home where two people are listed one is deceased and his wife is trying to change it to her name
No, she cannot do that. The deceased wife's name will be removed by the executor upon the presentation of a death certificate. Depending on the law, the wife may be automatically assumed to be on the deed whether it is physically there or not.
Yes they do
You have to go through the probate process. The executor will have the ability to issue a new deed to the new owner.