Full question:
Our family house was in both Mother and fathers names. When our father passed away in 1995, our mother was executor. She completed executors deed to put the house in her name and removed our fathers name.The deed did not get recorded. Our mother passed away in 2006.When selling the property after her death, we discovered it was still in both names. I(daughter) have been appointed successor executor to fathers estate and have letter of testemenary for both. What kind of deed do I need to remove father's name and put in mothers name only?
- Category: Wills and Estates
- Date:
- State: National
Answer:
To transfer property when both owners are deceased, you typically need an executor's or administrator's deed. Since your mother was the executor and completed a deed to transfer the property solely to her name, but it was not recorded, you can now act as the successor executor for your father's estate. You will need to execute a new deed that reflects the transfer of the property into your mother's name only, based on her original intent. This process is governed by the relevant laws of your state regarding estate and property transfer.
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.