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How to Change a Name on a Deed Without Filing a Decree of Dissent

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  • 06-17-2011, 06:31 PM
    iywotc
    How to Change a Name on a Deed Without Filing a Decree of Dissent
    My question involves real estate located in the State of: Kansas

    My great grandmother died last year without a will, and the deed to her house is still in her name. My grandmother (her daughter) has sold the house to another family, but is still receiving the taxes. She called the Register of Deeds office in town to ask how to change the name on the deed, and their answer was a Decree of Dissent, which some local lawyers priced at around $700. While my grandmother would like to get the issue out of the way, she would like to know if there's a cheaper way.

    Thanks in advance.
  • 06-17-2011, 06:40 PM
    jk
    Re: Changing Name on a Deed; Cheaper Way Than Decree of Dissent
    How did your grandmother sell her mothers house? Unless she did it as an executor or representative of the estate during a probate proceeding or it was transferred to her through the probate process, she had no right to sell the house. Were all of the debts of your great grandmothers estate paid? Who received the money from the sale?
  • 06-18-2011, 04:54 PM
    iywotc
    Re: Changing Name on a Deed; Cheaper Way Than Decree of Dissent
    Quote:

    Quoting jk
    View Post
    How did your grandmother sell her mothers house? Unless she did it as an executor or representative of the estate during a probate proceeding or it was transferred to her through the probate process, she had no right to sell the house. Were all of the debts of your great grandmothers estate paid? Who received the money from the sale?

    When my grandmother's husband died, she was told by a lawyer that she did not have to go through probate court because his estate amounted to so little. She assumed that this was a very similar circumstance and did not consult a lawyer before the sale of the house. The sale was somewhat informal and did not involve a bank.

    My great grandmother had no debts, and the money (only $1500) was collected by my grandmother and her sister.

    My grandmother says she does not mind paying for the decree of dissent, but since her only income is from Social Security, $700 would be pretty devastating to her. She also thanks you for your help.
  • 06-18-2011, 05:19 PM
    jk
    Re: Changing Name on a Deed; Cheaper Way Than Decree of Dissent
    I have to guess your grandmother has not had a deed made granting her interest (which actually is none since it was never put into her name) to the buyer. Regardless what she does to get it into her name, she will still need to create a deed to transfer her interest to the buyer. That is going to be another couple of bucks. Any other holders of interest (any siblings or, if a sibling is deceased, any children of that sibling) will have to be included as grantors for the buyer to take title to the entire interest.

    The decree of dissent is an action within the probate laws. I suspect there is no other way around this. You also need to know that your grandmother, her sister, and any other siblings, or, if any siblings deceased, their children, of your grandmother will be named owners.
  • 06-19-2011, 02:56 PM
    iywotc
    Re: Changing Name on a Deed; Cheaper Way Than Decree of Dissent
    Quote:

    Quoting jk
    View Post
    I have to guess your grandmother has not had a deed made granting her interest (which actually is none since it was never put into her name) to the buyer. Regardless what she does to get it into her name, she will still need to create a deed to transfer her interest to the buyer. That is going to be another couple of bucks. Any other holders of interest (any siblings or, if a sibling is deceased, any children of that sibling) will have to be included as grantors for the buyer to take title to the entire interest.

    The decree of dissent is an action within the probate laws. I suspect there is no other way around this. You also need to know that your grandmother, her sister, and any other siblings, or, if any siblings deceased, their children, of your grandmother will be named owners.

    So, the way that I read your statement, she will first have to have the deed transferred to her (and her siblings) name with the decree of dissent, and then have the deed transferred to the buyer's name?

    She is wondering if there is a way to do this without a lawyer in order to cheapen the price?
  • 06-19-2011, 10:17 PM
    jk
    Re: Changing Name on a Deed; Cheaper Way Than Decree of Dissent
    Quote:

    iywotc;532130]So, the way that I read your statement, she will first have to have the deed transferred to her (and her siblings) name with the decree of dissent, and then have the deed transferred to the buyer's name?
    correct.

    Quote:

    She is wondering if there is a way to do this without a lawyer in order to cheapen the price?
    Personally I am not familiar with the action so I cannot tell you how complex or how easy it might be. You could always try calling around to see it you can find an attorney that will do it for a lower price.
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