If my father recently died but my mother is still living, do we need a lawyer to get everything changed to her name only?

There is real estate, etc.

Asked on July 10, 2014 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  This is not as simple to guide you as one would think. If everything was jointly owned as husband and wife with rights of survivorship (and generally that is how they hold things) then it passed to Mom automatically.  She does not have to take her name off but if she wishes to she should bring the death certificate and that should be enough to take his name off.  Real property (the house and land) have to have a new deed filed.  That can get expensive and really it should be done by an attorney to make sure it is properly done.  Good luck.


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