How to transfer title if the deceased’s name is still on the deed?

UPDATED: Jan 15, 2011

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How to transfer title if the deceased’s name is still on the deed?

My stepmother just passed away; my father has been deceased for many years. His name was still on the deed. My stepmother left the house to both of her children. Does my father’s name have to be removed for the house to be turned over to them?

Asked on January 15, 2011 under Estate Planning, New Jersey


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

Answered 12 years ago | Contributor

I am so sorry for your loss.  I think that you should go and seek help from an attorney in your area on this matter.  Is your step-mother's name also on the deed?  I do not wish to stir up any problems with your family but was the property jointly held with your step-mother with rights of survivorship or was it your Father's alone prior to his death?  Did your Father leave a Will?  Was his estate ever probated?  You may have a right to inherit that house and you need to look in to it asap.  How you have to transfer the property will depend on the answers to some of these questions above.  And are the executor of your step-mother's Will?  Get help.  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 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.

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