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Does your dead brothers wife sign a warranty deed if she wants to relinquish his share in a house you co-owned with him?
Grapejuiceplus
You haven't mentioned the tenancy on your deed and that is an important detail.
If you and your brother owned as joint tenants with the right of survivorship then you became the sole owner when your brother died. You would not need a deed from his widow. If you owned as tenants in common then his share passed to his heirs. In that case his estate must be probated in order for title to the real estate to pass to his heirs according to his Will or according to the state laws of intestacy if he died without a will. You would need a deed from his estate or once his estate has been probated you must make certain you get a deed executed by all his heirs.
Laws vary from state to state. You should consult with an attorney to make certain your title is clear.
Wiki User
∙ 14y ago
Wiki User
∙ 6y agoYou haven't mentioned the tenancy on your deed and that is an important detail.
If you and your brother owned as joint tenants with the right of survivorship then you became the sole owner when your brother died. You would not need a deed from his widow. If you owned as tenants in common then his share passed to his heirs. In that case his estate must be probated in order for title to the real estate to pass to his heirs according to his Will or according to the state laws of intestacy if he died without a will. You would need a deed from his estate or once his estate has been probated you must make certain you get a deed executed by all his heirs.
Laws vary from state to state. You should consult with an attorney to make certain your title is clear.
Wiki User
∙ 9y agoONLY if she has been named by the court as the executrix or administratrix of his estate.
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