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  1. #11
    Join Date
    Jul 2019
    Posts
    21

    Default Re: How to Remove Deceased Person from Property Title

    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.

  2. #12
    Join Date
    Oct 2016
    Posts
    3,129

    Default Re: How to Remove Deceased Person from Property Title

    Quote Quoting Blueberrie
    View Post
    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.
    It certainly sounds as if you and your lawyer handled thing properly after the death of your mother and that your cousin didn't do the same. He/she needs to now.

  3. #13
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,934

    Default Re: How to Remove Deceased Person from Property Title

    Quote Quoting Blueberrie
    View Post
    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?
    Attorneys are often flexible with their schedules so they can meet their clients' needs. (The last time hubby and I bought and sold some properties together, our real estate lawyer me with us on Saturday mornings.) So find an attorney with a flexible schedule.

  4. #14
    Join Date
    Jan 2006
    Posts
    38,712

    Default Re: How to Remove Deceased Person from Property Title

    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.

  5. #15
    Join Date
    Jul 2018
    Posts
    1,515

    Default Re: How to Remove Deceased Person from Property Title

    Please answer this question:

    Quote Quoting pg1067
    View Post
    how did you and your uncle (and apparently your cousin as well) hold title? As tenants in common? As joint tenants? Something else?

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