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What can I do to sell the home of my deceased mother and father if it is in both their names?

What can I do to sell the home of my deceased mother and father if it is in both their names?

Q: Can someone add their name to a deed?

Yes, a person can add their name to a deed, but this typically requires the consent of the current property owner(s). This process usually involves executing a new deed that reflects the change and may need to be recorded with the local land records office to be legally effective.

Q: How long can property stay in a deceased person's name?

Property can remain in a deceased person's name until it is properly transferred through the probate process. This can vary by state, but generally, it should be addressed within a few months to a year after death to avoid complications. Failing to transfer the property may lead to legal issues for heirs or beneficiaries.

Q: Can Poa add name to deed?

A power of attorney (POA) can add a name to a deed if the POA document grants that authority. The agent must act in the best interest of the principal and follow any specific instructions outlined in the POA. It's important to ensure that the deed is properly executed and recorded.

Q: Can a power of attorney transfer a deed?

Yes, a power of attorney can transfer a deed if the document explicitly grants that authority. The agent must follow the terms of the POA and ensure that the transfer complies with state laws. It's crucial to document the transfer correctly to avoid future disputes.

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: 04/07/2025
State: National

Answer:

Generally, to transfer property to the name of another, they need to be living. When property is owned by joint tenants who are both deceased, it is transferred to the beneficiary(ies), who are determined by the relevant will or intestate laws. This is typically accomplished
by way of an executor's or administrator's deed.

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.

FAQs

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions about the principal's will, change beneficiary designations on life insurance policies, or make decisions regarding the principal's medical care if the principal is incapacitated, unless specifically granted that authority. These limitations ensure that certain personal and sensitive decisions remain with the principal or are governed by specific legal requirements.

Can someone add their name to a deed?

How long can property stay in a deceased person's name?

Can Poa add name to deed?

Can a power of attorney transfer a deed?

Do I automatically inherit my parents' house?

Inheriting your parents' house is not automatic. It depends on several factors, including whether there is a will, how the property is titled, and state inheritance laws. If the house is in a trust or joint tenancy, the transfer may occur outside of probate. Consult with an attorney for specific guidance based on your situation.