How to replace name on property deed? 28 Answers as of June 14, 2013

Property is in the name of my deceased grandmother and my living uncle (her son). Uncle is 91 and mentally alert but needs information regarding replacing her name with mine. Thank you.

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Edward L. Armstrong, P.C. | Edward L. Armstrong
You should have an affidavit prepared for your uncle and the affidavit (sworn statment) should give both the street address and the legal description of the property in question. Then it should recite that you uncle and his mother(name) owned the property as joint tenants with right of survivorship (assuming this was how they owned it); that his mother (state name) die on (insert date of death); that (name of uncle) is now the sole owner. Then the affidavit should be signed in the presence of a notary public and then recorded at the office of recorder of deeds for the county in which the property is located.
Answer Applies to: Missouri
Replied: 6/14/2013
Law Office of Edward M. Burgh, APC | Edward M. Burgh
The Probate Court can do it.
Answer Applies to: California
Replied: 6/13/2013
Law Office of Alan H. Segal
Law Office of Alan H. Segal | Alan H. Segal
If both your deceased grandmother and your uncle (her son) were listed on the property at the time of her death as joint tenants with right of survivorship, and she made no other stipulations as to ownership rights of the house upon her death, your uncle should technically have full title. However, in order to make that official, if he has not done so already, he must file a copy of her death certificate (and possibly an affidavit regarding her death and his survivorship) with the Registry of Deeds for the county in which the property is located. In order to add a new name, he must complete a new deed. You should consult an attorney for the new deed preparation. Be sure of what form of tenancy you would like regarding the new deed. (if you will be joint tenants with right of survivorship- you would have present interest, property would automatically pass to you on his death- or tenants in common- there would be separate divided interests that would not pass automatically.) It would be helpful to obtain a copy of your current deed (one you have on file or from the Registry) so you can keep the same format. You then must have the new deed completed and notarized, and return it to the Registry of Deeds for the proper county to have it recorded.
Answer Applies to: Massachusetts
Replied: 6/13/2013
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
How is it in their names? As joint tenants? As tenants-in-common? Other? If as joint tenants, then all you need to do is file an Affidavit of Death of Joint Tenant and then a quitclaim deed.
Answer Applies to: California
Replied: 6/13/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
There is too much missing in this inquiry. Check with an attorney familiar with Real Estate to get a proper response. It all has to do with how your grandmother and uncle are listed on the deed.
Answer Applies to: Florida
Replied: 6/12/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    You do not replace them. You are added to them by the owners of the property. When your grandmother died, who got her interest? The current owners must add you to the title.
    Answer Applies to: Oregon
    Replied: 6/12/2013
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, it depends on how your grandmother's interest in the property is passing. If the interest is passing through her estate, then the personal representative for her estate has the authority to transfer her interest to the heir(s)/beneficiary(s), and can do that by executing a new deed with any other title holder such as your uncle. Depending on how your grandmother held title to the property with your uncle, she may or may not have an interest to pass.
    Answer Applies to: Maryland
    Replied: 6/12/2013
    Frederick & Frederick PLC | James P Frederick
    There are a number of ways of doing this, depending on the facts and the objectives. There are potential issues in terms of elder law (or long term care) planning. This should be set up by an estate planning attorney who can review all of this with you and set this up to best achieve your objectives. Probate may be needed, depending on the current state of the title.
    Answer Applies to: Michigan
    Replied: 6/12/2013
    Law Office of Thomas C. Phipps | Thomas C Phipps
    If they owned the property jointly, he owns it now. He can file a new deed to add your name to the title. You will want to talk to an attorney to make sure it is done legally.
    Answer Applies to: Missouri
    Replied: 6/12/2013
    Stephens Gourley & Bywater | David A. Stephens
    If they held the property as joint tenants he would terminate her interest by filing a notice of termination of joint tenancy. He could then add someone else in her place. If they were not joint tenants, he would have to do a probate to get her name off of the deed.
    Answer Applies to: Nevada
    Replied: 6/12/2013
    Dennis E. Valentine Law Firm
    Dennis E. Valentine Law Firm | Dennis Valentine
    Please do not delay getting this resolved. You do not say how your deceased grandmother and uncle own the house. For instance, are they tenants in common or joint tenants? That would change what needs to be done. Essentially, what needs to be done is get 100% ownership rights in your uncle and then have him do a quit claim deed transferring some ownership rights to you. How exactly that would be done depends upon his current ownership rights and what ownership rights he want you to have.
    Answer Applies to: Colorado
    Replied: 6/12/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    Your uncle can execute a quit claim deed transferring the property from his name to both of you. The deed should state that the grantees are joint owners and have full right of survivorship. The deed must be recorded.
    Answer Applies to: Florida
    Replied: 6/12/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Uncle could add your name to the deed, but cannot remove the name of your grandmother. Your uncle may have succeeded to your grandmother's share of the estate, and you would succeed to all of the estate upon his death, if he grants you title in joint tenancy which has a right of survivorship, from himself to himself and yourself in joint tenancy, or grants the whole title to you. See a probate lawyer for assistance.
    Answer Applies to: California
    Replied: 6/12/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    He should leave it to you in his will. There are substantial tax differences between giving you the property now and giving it to you in his will.
    Answer Applies to: Oregon
    Replied: 6/12/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    First, you need to determine how title to the property is held with your grandmother and uncle. If it was in joint tenancy with right of survivorship, your uncle will need to file the necessary documents to have your grandmother's name removed from the deed. If title to the property is held as tenants in common, your grandmother's share will need to go through probate, if the value of her share is more than $150,000.00. Contact a probate attorney to discuss the deed and what options are available to your uncle.
    Answer Applies to: California
    Replied: 6/12/2013
    Michael B. McFarland, P.A. | Michael B. McFarland
    In Idaho, someone probably needs to be named as personal representative of your grandmother's estate in order to sign over her interest. There may be simpler options, such as if your uncle and his mother were joint tenants with right of survivorship. You need to talk to an attorney experienced in probate matters - sooner rather than later.
    Answer Applies to: Idaho
    Replied: 6/12/2013
    Gates' Law, PLLC | Thomas E. Gates
    Did anyone probate your grandmother's estate? Her interest in the property would have been transferred by a Personal Representative Deed. Since is deceased, you cannot use a Quit Claim Deed.
    Answer Applies to: Washington
    Replied: 6/12/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If his name is on the deed, chances are filing a death certificate for grandmother with the recorder's office will do it. He may need to file an affidavit with it. Talk with the people at the Recorder's office. They will probably cost less than an attorney and give you some good advice.
    Answer Applies to: Idaho
    Replied: 6/12/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Your uncle should visit with an attorney specializing in estate planning. In all likelihood, the last thing he should do is put your name on the deed to the property.
    Answer Applies to: Colorado
    Replied: 6/12/2013
    Victor Varga | Victor Varga
    It depends on how it is titled, and what her Will provides.
    Answer Applies to: Maryland
    Replied: 6/12/2013
    Arthur H. Geffen, P.C.
    Arthur H. Geffen, P.C. | Arthur Geffen
    When your grandmother died her share of the property vested in her estate. If she had a will, it needed to be probated, if not there were/are other things that need to be done. You need to contact a local probate lawyer for assistance.
    Answer Applies to: Texas
    Replied: 6/12/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If the property is in a joint tenancy he first needs to complete an Affidavit Terminating Joint Tenancy. That needs to be recorded. If it is not in a joint tenancy, a probate will need to be opened. Once title is in his name he can make a deed that adds you as a pay on death beneficiary if he has the requisite mental capacity to do so, or as a joint tenant. He should speak with an attorney so he fully understands the implication of the options.
    Answer Applies to: Nevada
    Replied: 6/12/2013
    James Law Group
    James Law Group | Christine James
    First, your uncle needs to see an attorney without you so there is no questions of undue influence. Then the attorney can help remove grandma's name and changing title.
    Answer Applies to: California
    Replied: 6/12/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    See an attorney. If the original deed was a joint deed with rights of survivorship, your uncle is now the sole owner. He can do a deed to himself and you with rights of survivorship. There may be other options.
    Answer Applies to: Michigan
    Replied: 6/12/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    If right of survivorship and he owns 100% of property, after probate process Recorder of Deeds should show him as sole owner then he can have a deed drafted transferring property from him to him and you
    Answer Applies to: Delaware
    Replied: 6/12/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    You have to begin with understanding who actually owns the property now. If it is your uncle, if he is still able to attend to his affairs, and if he wishes to alter the ownership of the property, then he can convey the property to you or establish joint ownership (you and he) by conveying the property to the two of you. This can be done with the preparation, execution and recording of a new deed. I suggest your uncle visit with an Indiana lawyer near him who can assist him with this matter.
    Answer Applies to: Indiana
    Replied: 6/12/2013
    The Krone Law Firm, LLC | Norman B. Krone
    A party cannot simply be substituted for another on the deed. How was the property owned prior to the death. Who received her interest in the property upon her death? I suggest that you contact an attorney knowledgeable in real estate for assistance in attempting to accomplish what you and your uncle desire.
    Answer Applies to: Florida
    Replied: 6/12/2013
    Meissner, Joseph & Palley, Inc.
    Meissner, Joseph & Palley, Inc. | John Palley
    First a probate is probably needed to get the property out of grandma's name. Second, assuming it transfers to uncle, he can sign a deed to you. Getting the probate started is key. I encourage you to find an experienced probate lawyer to explain the process.
    Answer Applies to: California
    Replied: 6/12/2013
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