How do you put your name on the deed to the house when your spouse passes away and their name is only one on the deed?

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How do you put your name on the deed to the house when your spouse passes away and their name is only one on the deed?

Spouse and mother-in-law on deed. MIL passed away and then spouse unexpectedly passed away. No Will and no one else on deed. How do I get name on paperwork?

Asked on July 5, 2012 under Estate Planning, California

Answers:

Roman Aminov / Law Offices of Roman Aminov

Answered 9 years ago | Contributor

You would have to bring an administration proceeding in Surrogate's Court and distribute the assets of your wife, including the house, as per the intestacy statute. The first 50K and half of the rest would be yours and the rest would go to her children, equally, if any.

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

There is not enough information to ask your question one way or the other. You should consult a probate attorney in person to figure out whether the house is a community property or a separate property. If separate property. how much community interest you have. How many heirs are there? Who is in the line to take the house? If it is community property, whether there are children to take? Etc. Many questions to be answered before you can figure out how to put your name on the deed.


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