How to transfer title if the deceased’s name is still on the deed?

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How to transfer title if the deceased’s name is still on the deed?

My stepmother just passed away; my father has been deceased for many years. His name was still on the deed. My stepmother left the house to both of her children. Does my father’s name have to be removed for the house to be turned over to them?

Asked on January 15, 2011 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  I think that you should go and seek help from an attorney in your area on this matter.  Is your step-mother's name also on the deed?  I do not wish to stir up any problems with your family but was the property jointly held with your step-mother with rights of survivorship or was it your Father's alone prior to his death?  Did your Father leave a Will?  Was his estate ever probated?  You may have a right to inherit that house and you need to look in to it asap.  How you have to transfer the property will depend on the answers to some of these questions above.  And are the executor of your step-mother's Will?  Get help.  Good luck. 


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