Can we have their names removed off the property deed now that they are deceased? 29 Answers as of March 28, 2014

My father had put all 4 children on the property deed about 30 years ago and took his name off the deed. Two of the children are deceased now.

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Christine Sabio Socrates Attorney at Law | Christine Socrates
You may need to go through probate in order to take the two deceased siblings off the deed. Their portion of the property would be a part of their estate if the property was titled in their names and there was no TOD (transfer on death designation)associated with their interest.
Answer Applies to: Ohio
Replied: 3/28/2014
Stephens Gourley & Bywater | David A. Stephens
Yes. You will probably need a probate to remove their name.
Answer Applies to: Nevada
Replied: 3/27/2014
James Law Group
James Law Group | Christine James
You will have to show the deed to an attorney. Depending upon how the deed is titled, you may be able to file affidavits or you may have to do a probate of their estates.
Answer Applies to: California
Replied: 3/26/2014
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Property may need to go through probate in the estates of the deceased children. You should have an attorney review title and advise.
Answer Applies to: Nevada
Replied: 3/25/2014
Edward L. Armstrong, P.C. | Edward L. Armstrong
Whether you can get the names of your deceased siblings off the title to the house depends on how your father had the deed read. If all four of you are joint tenants with right of survivorship, a simple affidavit testifying to the death of the two siblings, the dates of their deaths, a recitation that the property was owned jointly with right of survivorship and the legal description of the property. (Note: the legal description is usually different than the description that appears on the property tax bill; this description does appear on the deed that your father signed to put the title in all four names.
Answer Applies to: Missouri
Replied: 3/25/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Of course. To answer further one would need many more facts. See a probate lawyer.
    Answer Applies to: California
    Replied: 3/26/2014
    Danville Law Group | Scott Jordan
    Yes, you are supposed notice of your siblings' death with the county recorder where the property is located. Was title held by the 4 siblings held as joint tenants with right of survivorship. If so, you need to file an Affidavit - Death of Joint Tenant along with a certified copy of the decedents death certificate. If held as Tenants in Common, the 1/4 interest held by the deceased siblings are part of their probate estate and needs to go through probate to transfer their interest to their heirs. If the 1/4 interest is worth less than $50,000, it is possible to accomplish this task with a short probate. You should consult with a local probate attorney for assistance.
    Answer Applies to: California
    Replied: 3/25/2014
    Gates' Law, PLLC | Thomas E. Gates
    You can transfer the property to the severing sibling via a Quit Claim Deed.
    Answer Applies to: Washington
    Replied: 3/25/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Suggest you obtain the services of a probate lawyer to assist you in clearing the title of the property; a probate may also be required if the deceased had children who were entitled to inherit.
    Answer Applies to: California
    Replied: 3/25/2014
    Law Offices of Frances Headley | Frances Headley
    Yes, there is a procedure for removing their names from title. You should consult a real estate attorney to review the old deeds and advise you.
    Answer Applies to: California
    Replied: 3/25/2014
    Law Offices of George H. Shers | George H. Shers
    Their shares go to their heirs unless the property was held in joint tenancy with the right of survivorship. So upon death their interest would immediately pass to the other joint tenants. If you were tenants in common, their estates have to be probated. File with the recorders office a statement of their death which probably will result in a re-assessment of the property and higher taxes. I do not know if there is a statute of limitations as to how far back they can go, but I suspect there is not.
    Answer Applies to: California
    Replied: 3/25/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    It depends on how title was taken on the deed and whether there were any heirs for the two deceased siblings. If title was joint tenancy then all you need to do is record an affidavit of death and death certificate for each deceased to remove them. If title held as tenants in common then the deceased siblings heirs would inherit. If no heirs then the remaining siblings would probably inherit, but you would need to petition the local probate court for a determination and to transfer title.
    Answer Applies to: California
    Replied: 3/25/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Maybe, maybe not. Was the property deeded to the children as joint tenants or tenants in common. If the former, their interest lapsed when they died. If the latter, their heirs are entitled to their shares.
    Answer Applies to: Idaho
    Replied: 3/25/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If the four children held as joint tenants with right of survivorship, then record the death certificates of the ones who have passed away, and the two surviving owners will own the property. If the four children held as tenants in common, then the property is included in the estates of the two who have passed away.
    Answer Applies to: Oregon
    Replied: 3/25/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    It depends upon how the deed was titled ... if it says with survivorship yes.. if not their interests in the property should have been transferred to their heirs and go through probate. contact an attorney.
    Answer Applies to: Michigan
    Replied: 3/25/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes. And I'm assuming that you own the property as "joint tenants" rather than "tenants in common" so that the surviving siblings inherited the interests of the deceased siblings rather than the interests going to the deceased siblings' heirs.
    Answer Applies to: Nebraska
    Replied: 3/25/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    In California, if the four children were placed on title as joint tenants, then an affidavit of death of joint tenant would be required for each deceased child. If title was not held in joint tenancy, each deceased child's interest would need to be probated depending upon the total value of his/her 1/4 interest or some other form of administering a small estate. Contact a probate attorney to discuss your options.
    Answer Applies to: California
    Replied: 3/25/2014
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    The names to the deed can indeed be changed, but the question is what procedure you need to follow. This may involve a probate. If the property was held in joint tenancy, however, probate can be avoided. A probate can also be avoided if the value of the estate and/or real estate is small enough. I am also writing under the assumption that the property is in California. If the property is elsewhere, none of this applies. You will need to follow the law of the state where the property is located. I recommend meeting with a probate lawyer, or perhaps picking up a reference book at a local bookstore on probate. I also would not attempt to transfer the property yourselves, without an attorney. Any error in the process will create real problems when you go to sell the property.
    Answer Applies to: California
    Replied: 3/25/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Depending on whether the title is held in joint tenancy or tenancy in common will determine your course of action. For assistance, consult with an attorney specializing in estate administration.
    Answer Applies to: Colorado
    Replied: 3/25/2014
    Frederick & Frederick PLC | James P Frederick
    It all depends on HOW they are on the deed. If everyone is listed as "joint tenants with full rights of survivorship," then they do not need to be removed from the deed. Any deceased tenant no longer has any interest, nor do their family members. If, on the other hand, title is held as "tenants in common," then probate is needed for the deceased owners. Their share will pass to their heirs or beneficiaries. If the deed does not say how title is held, Michigan law presumes that it is a tenancy in common.
    Answer Applies to: Michigan
    Replied: 3/25/2014
    Ronald K. Nims LLC | Ronald K. Nims
    It depends on what the deed said, if it said "survivor" then you can take them off with an affidavit of transfer. If it didn't say "survivor", then the other children's heirs will inherit their 1/4th of the property.
    Answer Applies to: Ohio
    Replied: 3/25/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The answer to your question depends upon how your father put the names on the deed. He would have conveyed the property to his four (4) children either as "joint tenants with right of survivorship" or as "tenants in common". If it were the former, you perfect title in the names of the survivors by recording an Affidavit of Survivorship with a death certificate proving that one or more joint tenants have died. If your father created a Tenancy in Common, each co-owner owned an undivided one-fourth (1/4) interest in the property. When a co-owner died the property would pass as an asset of his or her estate. This may require probate of the estate of the deceased co-owners and may well result in the co-owner's heirs or devisees now owning that one-fourth share.
    Answer Applies to: Minnesota
    Replied: 3/25/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    What can be done depends upon how you were placed in title. The last deed transferring title to you and your siblings must be examined. Was the ownership interest a joint tenancy with rights of survivorship or was a tenancy in common created. The exact wording of the deed is critical. If a joint tenancy was created then the deceased siblings lost their interest at death and the survivors are the owners. You can record a Deceased Joint Tenant Affidavits with certified copies of the death certificates attached and that would provide public notice that the deceased are no longer in title. If a tenancy in common was created then the descendants of the deceased siblings now are owners of the ? share held by each deceased sibling. A probate estate should be opened for the deceased siblings and the ownership interests transferred to their heirs or legatees.
    Answer Applies to: Illinois
    Replied: 3/25/2014
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    Whether the deceased sibblings (or, rather, their heirs) have any interest in the property depends on the wording of the deed conveying the property to the 4 of you. If the deed was to A, B, C, and D, and did not say anything further or said as tenants in common, then the deceaseds' heirs inherited their interest. If the deed was to A, B, C, and D as joint tenants with full rights of survivorship, then the interest of the deceased sibblings ended on their deaths. There's no need to prepare and record any new deed, but certified copies of the death certificates should be recorded in the County where the property is located.
    Answer Applies to: Michigan
    Replied: 3/25/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Depends on the titling. See an attorney with the documentation.
    Answer Applies to: Michigan
    Replied: 3/25/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Sort of. The deceased owners' heirs would receive the deceased owners' share of the property. If the deceased owners had wills, their wills would control. If not, then the deceased owners' heirs at law would receive their respective shares.
    Answer Applies to: Texas
    Replied: 3/25/2014
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    All depends how the deed was worded.? If it says "joint with rights of survivorship" then yes. If not, then their estates each own an interest. If you have further questions, let me know.
    Answer Applies to: Michigan
    Replied: 3/25/2014
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    The names can be removed now but the question is how to do that. It depends on how title was held. If in joint tenancy, then no court involvement is required. If title was just in the 4 names, then a probate would probably be required for each deceased child and the court would order each child's distribution based upon their Will or based on intestacy, if there was no Will. It is possible that the 2 remaining children will have the other 2 deceased children's children, grandchildren or other relatives as owners of the deceased children's interest. This type of planning is very poor. Just putting title of property into children's names, without an entity, like a limited liability company, and without an operating agreement to control what happens with each member's interest when they die and who is going to control the day to day management of the property along with how the property can be sold and the proceeds distributed creates more legal fees and complications than doing it properly at the beginning.
    Answer Applies to: California
    Replied: 3/25/2014
    Fluhr & Moore, LLC | Steven S. Fluhr
    It depends on how the property was titled. If you were joint tenants with rights of survivorship, then you can have their names removed by affidavit of death deeds. If you owned the property as tenants in common, then you cannot have their names so removed as their heirs inherit one half of the property.
    Answer Applies to: Missouri
    Replied: 3/25/2014
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