Full question:
I own a house that is paid off. My father is still on the property title and he passed away 03/11/2007. In the living trust he had put me as the trustor but never put joint tenancy. How do I take his name off without going through the courts?
- Category: Wills and Estates
- Date:
- State: National
Answer:
The process to remove your father's name from the property title depends on whether the house is in the trust. If it is, you will need to follow the instructions in the trust document for transferring the deed. This is typically done through a trustee's deed, which allows the property to pass outside of probate.
If the property is not in the trust, the next steps depend on whether your father had a will. If he died without a will, an administrator will be appointed to manage the estate. If he had a will, the executor is responsible for distributing the assets. In either case, the executor or administrator can create a fiduciary deed to transfer the property into your name. In some situations, if the estate's total value is below a certain threshold, you may be able to apply for a summary administration, which simplifies the probate process.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.