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It is not necessary to change the name in the land records. Probate court records are public records and the probated estate passes title to the heirs. However, if you want to transfer the property to the heirs by a deed the attorney who handled the estate can draft the proper deed for you.

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14y ago
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11y ago

The deed is the indication of who owns the property. Yes, the deed will have to be changed to reflect the new owner.

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Q: When a person dies does your name go on the deed if you inherit the property?
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If two names are on a deed and one person dies and the deed says they were tenants in common does anyone have rights to the dead tenant on deed?

If Patrick and Sean own property as tenants in common and Patrick dies then his next-of-kin will inherit his interest in the property unless he left a will devising it to a particular person. If there is no will his interest in the property will pass according to the state laws of intestacy. You can check the laws in your state at the link below.


What happens in Michigan if a spouse dies and his name only was on the deed?

The wife should file a claim against the estate. She has rights in the property, even if her name is not on the deed. In most cases, she will inherit it all.


If a brother's name is on the deed before he is married does his wife inherit the property if he dies or persons on the quit claim deed?

Your question seems to imply there is another person on the deed with your brother. What happens to the property upon his death depends on how the property is held. If the deed granted the property as joint tenants with the right of survivorship the title automatically passes to the surviving joint tenant. If the property was acquired as tenants in common and the brother died intestate then his interest would pass to his next of kin and his wife would likely inherit his half interest in the property. You may need to seek the advice of an attorney who specializes in probate in your area. You can check the laws of intestacy at the related question link below.


What if 3 names are on a deed one person dies and the person that dies has left her part to her aires then what can be done?

What if 3 names are on a deed one person dies and the person that dies has left her part to her aires and the dead has no deed then what can be done?


Who is actually the owner on a survivorship warranty deed?

The grantees in the deed are the actual owners. If one dies their interest in the property is automatically passed to the survivor.The grantees in the deed are the actual owners. If one dies their interest in the property is automatically passed to the survivor.The grantees in the deed are the actual owners. If one dies their interest in the property is automatically passed to the survivor.The grantees in the deed are the actual owners. If one dies their interest in the property is automatically passed to the survivor.


How do you transfer a deed when a parent dies without a will in Texas?

You open an estate with the probate court. The executor of the estate can issue the deed to those who inherit.


Can a relative sign a quit claim deed if no estate has been open?

No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.No. If an person dies owning property their estate must be probated in order for title to pass to the heir(s) legally. Until the estate is probated no one has the authority to convey the property by deed because they don't own the property.


Can you inherit property from your mother-in-law?

You can inherit property from your mother-in-law if she mentions you in her will by leaving a gift. If she dies intestate, or without a will, you are not her legal heir.


What would happen if you lives with your mother who dies with an unpaid mortgage and your name not on the loan or deed?

Children will normally inherit their parents' property, which will include the equity in a house, even if the mortgage is not fully paid.


If a person dies without clear title can her heirs inherit her property?

The heirs can only inherit what the decedent owned. If she didn't have clear title then you won't inherit clear title. At some point the title will need to be cleared up. That will be whenever you wish to sell or mortgage the property.


In Ohio your husband acquired some real estate in his name and then adds his kids mother to the deed do you have any rights to this property?

Ohio is not a community property state so people who are married can acquire property in their sole name. If your husband added another person's name as a joint tenant with the right of survivorship the property will automatically pass to that other person if he dies. If he is a tenant in common with the other person you would inherit his half interest if he died intestate or left his interest to you in his will. You have no immediate rights in the property.


What rights do one have to property if you are not married?

If you are not on the deed you have no rights in the property. If you are not legally married and the owner dies you have no legal rights in the property.