How to transfer inherited property if the deed is still in the deceased owner’s name?

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How to transfer inherited property if the deed is still in the deceased owner’s name?

My brother and I have inherited my father’s home after his death. The home has no mortgage and we were both placed on the deed in 1997. We are selling the home and have a buyer. This is a unique situation as the original owner of the home died in 1991 and left the house (by Will) to my father, my aunt and my uncle. All 3 lived in the home. All 3are now deceased. We are concerned that though the deed was updated and recorded, the title may not have been. We have ordered a title seach and are waiting for the results. What will we need to do if the orginal title is still in the owners name?

Asked on June 28, 2011 under Real Estate Law, Oregon

Answers:

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

Answered 10 years ago | Contributor

Let me explain this to you in a way that may make it clearer for you.  Real property deeds are used to transfer title to property.  Using one word or the other is merely a choice some make.  The word title is most generally used when referring to the ownership of a car but can be used in real property as well. So really here they are the same thing.  It is very good that you have ordered a title search any way given that the property was left not just to your Father.  This way you can see if there are any problems -known as clouds on the title - before the contract and the closing.  Good luck. 


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