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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:
- the deed is a survivorship deed
- the property was inherited
The following is general information.
The answer depends on how the owners held title. If they held as joint tenants with the right of survivorship and you are the surviving joint tenant then you need to recorded a death certificate in the lands records office. Once recorded the death certificate will notify the world that you are the surviving owner of the property. A new deed is not required. If you wish to have a new deed in your name alone you should contact an attorney who specializes in real estate law.
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.
What else can I help you with?
If the deceased husband has vehicles in his name how do you get them in the spouses name?
You have to apply to a court for probate on his estate.
If both spouses own the house but only 1 spouses name is on the deed to the property how is it divided in Virginia?
it's your house. it's your house.
What happens when a separated spouse will not allow sale of deceased spouses home when there is an executor?
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.
Why removed deceased spouses name from a deed?
Removing a deceased spouse's name from a deed is typically done to clarify ownership and ensure that the property can be transferred or managed without legal complications. This process often occurs after the property has passed to the surviving spouse through inheritance or community property laws. It helps to streamline property transactions and can be necessary for estate planning or settling the deceased spouse's estate. Additionally, it can prevent potential disputes among heirs regarding the property.
Can the person with durable power of attorney sign their deceased spouses name when depositing a check?
No.
If my mother is deceased and the deed and home owners insurance is still in her name and the homeowner insurance lapsed How can I get new insurance?
Add your name to the deed.
How do you change the name on a deed from a deceased parent to my name in Scotland?
That is done through the probate process. The executor can make the change and issue a new deed.
Can the executrix put their name on the deed only if all 8 children are named in the will?
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.
Is falsifying signatures on a deed of trust a felony?
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
Can a wife take her marriage license to the courthouse and have her name put on a house deed and have her husbands deceased wifes name taken off?
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.
Does a spouse have the right to money received from a home equity loan if the loan is in the other spouses name but the deed is in both their names?
Yes they do
How do you change the name on a deed of a deceased person in will to person who inherits in Indiana?
You have to go through the probate process. The executor will have the ability to issue a new deed to the new owner.
