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Transfer of deed after Death?

My Sister was added to the deed of her friend's house. he died suddenly. What does she need to do to protect her interest in the house?

mcole's picture
mcole | Joined: October 11, 2006 04:26 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

She needs to talk to an attorney. But a lot may depend on how title is held.

8)

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Swaufor,

Your sister's interest will be protected as she is owns a certain percentage of the property. Her friend could not have decided alone as to whether he would give away his property to someone after death. At least he should have consulted your sister as she is a co-owner.

Your sister needs to find out if her friend has made any Will on his property, though that may not affect your sister as her name is already on the deed.

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mcole's picture
mcole | Joined: October 11, 2006 04:26 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I was probably a little hasty in my previous response. I was thinking of probate issues, and whether the deed was filed and recorded, and things of that nature.

But Alex is correct, her interest should be protected if everything was handled properly.

8)

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

yeah, seems alex is right.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My father passed away in 2006, his name my mothers name and myself are on the house deed. My father in his last two years was in hospice care with medi-Cal. Now Medi-cal is coming after our house for payment of services. How can I take my deceased father off the deed to avoid medi-cal from coming after the property?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi cynthia,

I don't think it is now possible to avoid medi-cal from coming after your house. Even if you remove him from the title, that would not be considered as valid and medi-cal can still place a lien on the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mom passed away in 2002 and she left the house to me in her will. Her estate has already been to probate, but the house is not in my name yet. What type forms do I need to file to record the deed in NYC?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my mother died 4 yrs ago & my stepfather died 1 yr ago. my stepfather had a will that left his home to me. There is still a mortgage owed on it for about 5,000.00 that i have been making the payments on. Do i need to pay this mortgage off to have the deed put in my name?

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi mlb,

The property will have to be probated so you can get the title in your name. If you qualify for a [url=http://www.mortgagefit.com/refinance.html]refinance[/url], you can do so to put your name on the mortgage. If the loan is assumable, you can also assume the loan and take over the responsibility of mortgage payments. However, if none of these options work, you can simply keep making the payments on time to retain the property.

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ana.bell445's picture
ana.bell445 | Joined: February 12, 2010 10:32 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

In my opinion she must take advise from an attorney and specially take care about that because its a serious and legal matter.

[size=9:0d9cefb20b][color=Red:0d9cefb20b][External link deleted as per forum rules][/color:0d9cefb20b][/size:0d9cefb20b]

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my mom just passed away about a month ago the tittle we in my name in care of my mom and just recently put it in my name after she passed now a brother of mine wants to put the house in rebate does he have any chance of doing it since the house is in my name now and bin on the tittle more than two years

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi tstonepool,

This query has been discussed at the following page:
http://www.mortgagefit.com/propertytransfer/probate-title.html

In case, you have more questions to ask, just feel free to post.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my mother passed away living a will and left me a house how do I transfer the property under my name.

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

To Yesenia,

Since your mother left the house to you in a will, the property will have to be probated. Once the probate process is complete, you will get the title in your name.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother recently passed away. She and her partner have a house under the agreement "tenants in common". In her Will, has left her share to myself and my sister. He has two mortgages on his share, and although our solicitor has obtained probate, I have been told that is not able to put our names on the deeds without his consent, and that he is able to transfer my mother's share to his new partner, and is not obliged to transfer to us, her inheritors. What can be done to ensure that my mothers wishes are respected? Thank you for your advice.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Keels!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/about39627.html

Take a look at it. Hope it helps you.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Husband passed nov.2009-had no will -together33 yrs.-2 chidren- son by previous marriage-house deed has his name on it only what do i do?? thank you

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome maltyangel,

You and the children, both, would be considered as the heirs to your husband's property. You and the children need to file an affidavit of heirship at the county recorder's office and get the property transferred in your names.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

do I have to file a petition for approval of sale of real estate in order to transfer a deed to sibblings when there is no sale od real estate. I am the Legal representative for the sibbling a sister

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome mary,

You are transferring the property to the heirs. In that case, you don't have to file a petition for approval of sale of real estate, in my opinion.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Mother died last yr. we now have discovered the deed is in some company's name that bought the mechanics'lien in 1960.. Mother paid off the lien and we have the release of liens, but the company never changed the deed back to our mother's name, now what do we do . She of course left the house to my brother and myself but how we get the deed in our name. thanks, please help

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Both of my parnets are deceased and left behind two cars, property and a home. The home still has a mortrage on it. What steps do I need to take in order to get everything in my name. There was no will, my father estate was probated in 2007 and my mothers is currently still in probate. What can I do next?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Charline,

You will have to file an affidavit of heirship at the county recorder's office in order to get the property transferred in your name. As far as the car is concerned, you will have to speak to the Department of Motor Vehicles and take the required steps in order to get it transferred in your name. As far as the mortgage is concerned, you need to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] it in your name or assume the loan.

Thanks

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