If my father recently passed away but my parent’s home is solely in his name, how do I now get it into my mother’s name?

UPDATED: Sep 8, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 8, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my father recently passed away but my parent’s home is solely in his name, how do I now get it into my mother’s name?

He and my mother had purchased a home 3 years ago. At the time of the purchase when it came time to sign documents, my father realized my mother’s name had been left off. To not prolong the escrow, it was recommended to him that he add my mother’s name to the title at a later time. My Father lost his battle with cancer and never added my mother’s name to the title. I was appointed Power of Attorney over his finances a few days before he passed away. The document states it is valid only during his lifetime. Does this mean I am no longer able to make decisions over his finances? How do I help my mom make sure their property remains in her name?

Asked on September 8, 2014 under Estate Planning, California


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

Answered 8 years ago | Contributor

I am so sorry for your loss.  Yes, you are no longer able to make any decisions over your Father's finances but generally speaking a POA can not change a deed anyway.  Your powers passed with your Father.  Does the deed state that it is a community property asset or just his name alone with out anything else?  If it is the latter then you have to go through probate and have the deed transferred to your Mom.  You all may have to waive your right to inherit the asset or ask that the court deem it a community asset with rights of survivorship and transfer it to your Mom.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption