If my brother and I were willed a deed to our grandmother’s home and the land it sits on, how do we get my grandmother’s and mother’s names off the deed?

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If my brother and I were willed a deed to our grandmother’s home and the land it sits on, how do we get my grandmother’s and mother’s names off the deed?

he problem is my grandmother and mother’s names are still on the deed with my brother and my name also. We want a new deed with just my brother and me on it? How much would a lawyer charge to take care of this?

Asked on December 2, 2014 under Estate Planning, Virginia

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  I think that I understand that all four names are on the deed, correct?  And I am assuming here that only you and your brother remain alive, correct?  And the deed - I hope - says "rights of survivorship" between all the parties?  Assuming that it says rights of survivorship then the property passed to you and your brother at the death of your grandmother and mother so probating their estates is not necessary to the making and filing of a new deed with just you and your brother on it.  It could be as easy as that and probably would not be very costly to do and file.  But I would take the deed to an attorney to review to make sure.  Good luck.


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