i know someone who needs to change the name of the deed from her late husband name to her name.how can she do this?
2007-09-19 04:15:33 · 7 answers · asked by eagle eyes 2 in Family & Relationships ➔ Marriage & Divorce
I am a lawyer so don't listen to the other idiots that answered here. There is a certain order to things and you cannot skip a step.
1. Obtain a death certificate from the county/city.
2. Complete the probate process to ensure there are no claims against the estate.
3. Obtain a "Quick Claim Deed Statement" from the probate court. (get at least two copies)
4A. If there is lien holder, contact the mortgage company and find out who to send the Quick Claim Deed Statement to (certified mail.) The name on the loan will not change but if you ever sell it the quick claim will allow that to happen.
4B. If you have the original title then go to the county court house with the quick claim deed statement and have the name changed on the title.
2007-09-19 04:37:53 · answer #1 · answered by Older Guy 3 · 0⤊ 0⤋
Was there a will saying the property was to be transfered to her? Did she have power of attorney to conduct transactions on his behalf before he passed? If there wasn't a will, his property will have to go through probate. If there is anyone contesting that she receive the property, a judge or representative assigned by the court will determine who receives the property and transfer the deed to her name. She can consult an attorney to determine what the proper procedure is.
2007-09-19 04:30:33 · answer #2 · answered by Cinderelly 3 · 0⤊ 0⤋
The will has many parts to debate/adjudicate about. Most probably the kid will get the bulk of the estate. A situation where the ex wife has been on the mortgage but has not paid any money towards the house since the divorce would most probably not get her anything. This is what courts are for and good attorneys.
2016-05-18 05:40:13 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It is called a quick claim deed, and most title companies will do this for a minimal fee, in my area they do this service for $25. It doesnt take much time to do either.
2007-09-19 04:55:10 · answer #4 · answered by Qyllix 5 · 0⤊ 0⤋
power of attorney maybe?
was her name ever on the deed? maybe as co buyer?
talk to a lawyer...they should be able to point you in the right direction
2007-09-19 04:19:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
take the death certificate to the deed office and show them that is how.
2007-09-22 14:50:19 · answer #6 · answered by Tsunami 7 · 0⤊ 0⤋
going to be a bit of a pain, needs his death cert, and take it to county assessors office,
2007-09-19 04:21:06 · answer #7 · answered by rich2481 7 · 0⤊ 0⤋