Deeds and Ownership

How do you delete a deceased spouse's name from deed?

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2012-07-09 20:13:51
2012-07-09 20:13:51

In this state that is done by a Probate Court. A Probate Lawyer can do the paperwork.

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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.


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.


To remove a deceased person from the Deed, you will need to go to a title company. Bring the Death Certificate to show the part is deceased, then they will prepare a new deed to be filed with the county. (anyone else who was on the original title will need to be present for the new Deed) Make sure anyone who will be on the new title brings a valid form of identification.


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.


The estate should take care of that change. It can be a simple as filing a copy of the death certificate with the deed.


You have to go through the probate process. The executor will have the ability to issue a new deed to the new owner.


If your name is on the deed as a "joint tenant" grantee, then the surviving joint tenant(s) automatically become the owners and no probate is involved. This is a common method for bypassing the cost and complexity of probate. If your name is on the deed as a "tenant in common" grantee with the deceased, then their partial ownership must be probated to determine who will receive ownership of it (i.e., according to the state laws of intestate succession). The estate administrator would issue a new deed naming the heirs as tenant(s) in common with other existing tenants in common.


It depends on what the deed says. If the deed is a right of survivorship, the property will go to the descendants of the last to die. If it is a joint ownership, the property could go to the beneficiaries of all three of the decedents.


The "quitclaim" does not establish ownership or automatically create new ownership of the house. The only way to add another name to the ownership deed is to refinance the home mortgage.


You should seek the advice of an attorney about drafting and recording a new deed. The attorney who handled the estate should be able to assist you.


In Illinois the estate should take care of that change. It should be a simple as filing a copy of the death certificate with the deed.



The only way to change a deed is to execute a new one. If the owners are now married they should have a new deed drafted by an attorney that creates a tenancy by the entirety.


That will depend on the names on the property deed or registration. If we are talking about gifts of electronics or other items, there is none. If it is a piece of real property (land or house), the deed will control. If the only name on the deed is that of the deceased, the adult children have no say and the deceased can do what they wish with it.


Use of a card that belongs to a deceased person sounds like fraud to me.



Yes, you have to state that you are married and the spouses name. They have a right to the property and it cannot be sold without their permission.


Only if they sign the new deed. You cannot take property away from someone without a court order or their permission. So you will need them to sign a quit claim deed or bill of sale.


my aunt left me property in her will, and now I would like to sell the property, but I don't have a clear deed. how do i get a clear deed to the property so that I can sell the property?


It depends on the tenancy recited in the deed. If the deed recites that you will hold title as joint tenants with the right of survivorship then husband's interest will automatically pass to wife upon his death.



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