You can't "remove" a name from a deed. What you do it record a new deed that terminates the rights of the previously named owner(s). In this case, the executor might issue the heirs a deed in the names of those who inherited the house, and record it along with a copy of the death certificate and power of administration. In other states you might simply get the power of sale from the executor, sell the property to someone else, and have the executor (or attorney) sign the new deed to the new owners, again with records (as necessary) for the death certificate and probate, if any. If the house was in joint tenancy, the remaining tenant might simply file a new deed to him- or her-self, along with the death cert and probate references. This would make it simpler for him/her to transfer it later, or for his or her estate to deal with fewer issues some day.
Not if you want to do it legally. A title company or an attorney will have to research the legal of the address to find out if there are any other heirs that may have an interest in the property.
You should consult with an attorney who specializes in real estate law. The attorney will need to do the following:
The estate should take care of that change. It can be a simple as filing a copy of the death certificate with the deed.
White Out Or A rubber
In the event the step father is deceased, yes. But, you will need a copy of the death certificate showing that he is in fact deceased. Also you will need to know if he had a will that willed the property to someone else.
Signing on a note is not the same as being on the deed. She certainly has a claim on the property, particularly if she helped pay the mortgage.
A deed does not stop probate from taking place. If the deed had a right of survivorship, then it might prevent the house from going into probate.
Yes. They sign a deed conveying their interest in the house to the wife.
Get probate done so that title can officially be transferred to the legal heirs.
since the deed is in joint tenancy,to my understanding, the deceased name will come off the property once the death certificate is recorded in that county for the deceased,if I am understanding the question right.If the house is in foreclosure,the first person with the first lien against the property will be paid first at the time of the actual sale of the property.
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.
this has to be done through an attorney and a court of law
Only the co owner's estate can do that. The estate has rights in the property and will want compensation.
The POA becomes invalid when a person dies.
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.