How to remove a deceased’s person’s name of of a title to real estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

How to remove a deceased’s person’s name of of a title to real estate?

My mother-in-law died recently and left no Will. My wife and I, along with her, are on the title to the building that she was living in. My wife and I are on the mortgage and have been paying it for 15 years. My wife also had power of attorney for her mother. We tried to refinance the building but cannot since her mother’s name is on the title. How long would it take to clear this up? The other 2 heirs are willing to sign affidavits of heirship relinquishing any claim to the property. We have settled all her debt. Can we do this in 120 days before the appraisal expires?

Asked on April 19, 2011 under Real Estate Law, Illinois

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  I am gathering from the way that you have written the question that you did not do a formal estate proceeding for our Mother in Law, correct?  that would have soled the problem long ago.  There is no right of suriviorship on the deed that you share which is why you mention the relinquishing of rights.  But transfer of the title and the issuance if a new deed needs to be done by a personal representative - the fiduciary - of the estate and that means that you need to contact the surrogate or probate court (however it is called in your state) to do so.  At this point in time it is unclear what they will do about the fact that you have pretty much resolved the estate except for the real property.  And I have to say that although the other siblings say that they arerelinquishing their rights will they really?  Moreover, you paid off debt that was estate debt and that needs to be a credit to you (it was foolish as well).  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 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 with SHA-256 Encryption