How do I remove my deceased uncle from my property title?
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How do I remove my deceased uncle from my property title?
What state are you in? How was your uncle's estate delt with?
Sorry, it is in California.
He passed away about 20 years ago and his name was never removed.
Who were your Uncle's heirs?
My cousin inherited his 1/4 share.
She now owns half. I own the other half,
She is going quick claim her share to me, but I am concerned that it will not be done properly with his name still on it.
First, you're going to need a copy of his death certificate. Unless your cousin was put on the title, a quit claim is just going to complicate things. It would behoove the two of you to consult with a probate/estate planning attorney for assistance.
Thanks LegalWriter,
I do have a copy of the death certificate.
My cousins' work schedule would prohibit her from meeting with an attorney. Is it possible to get it done somehow without her being present? Maybe she can sign something and mail it in?
Contact the lawyer. He will be able to provide documents that can be signed and notarized remotely.
Why not? Was his estate probated? If not, why not? If so, who was the executor/administrator of the estate?
Most importantly, how did you and your uncle (and apparently your cousin as well) hold title? As tenants in common? As joint tenants? Something else?
If his name is still on title, then I'm skeptical about the accuracy of this statement. If, in fact, she had inherited his share, then she would have received (and should have recorded) a deed from the executor/administrator of his estate that transferred his interest to her.
FYI, the term is quitclaim, not "quick claim."
Thank you for all the responses.
It is complicated, as I am sure most of these issues are.
4 of us bought the property. My mother, my uncle, my cousin, my self.
My mother and uncle have since pasted. I inherited my mothers 1/4. I had my lawyer take care of the paperwork for me to have her share put in my name.
One of my uncle's daughters handled the estate for my uncle. I have two pages of what appears to be a legal document that indicates my cousin inherits 1/4 interest in real property. However, his name was never removed from the title.
The title has my name and ELTB and others...I believe that is how it is worded.
So, I have to presume title was held as tenants in common. Is that correct? If it was joint tenants with rights of survivorship it drastically changes everything.
regardless what somebody was supposed to inherit, unless the estate of the decedent is administered you can’t know if the property could actually be transferred to the devisee. Debts of an estate generally have priority over heirs claims so until probate was completed it can’t be said if the son actually inherited the interest in the real estate.
Then, along with that administration the personal representative would execute a deed transferring the interest to the devisee.