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deceased name removal

Posted on: 07th Mar, 2012 10:11 am
my father and mother own a house in a town in texas. there are two children, my brother and me. mom died about 3 years ago. a couple of years ago dad gave me complete power of attorney, with my brothers consent. brother and i are executors for dad's estate when he dies. he wanted to remove moms name from the property title. the property is free and clear. he has no debts. dad is not clear headed at this point, but i think he can sign the paperwork. i gather from what i read here, that in order to do this, we have to
1. file a certified copy of the death certificate (i believe that was done when she died)
2. copy the deed, dropping her name off, leaving dad's name on, and then refile the deed.

is that all? at this time, i think we need to do that to simplify matters when dad finally passes.

the additional wrinkle is that my brother does not want any part of the property. we can accomplish that by a quit claim deed, before dad dies, or we can wait until dad dies, and then do a quit claim deed.

my question in this case: can my brother execute a quit claim deed to the property when his name is not on the property to start with, or will it need to be a different instrument?

or would it be best to put my name on the title instead of my moms, after obtaining my brothers written permission.

this will be done with full and informed consent of my brother and i. dad may be able to comprehend it, or not. given that i have power of attorney, i can sign for him, but would that cause problems?

dads will leaves a percentage of the tax appraised value of his property to a charity, but does not require the sale of the property, i.e. we can redeem that percentage in cash.



this is texas, a community property state.
Hi wood!

Welcome to forums!

Your father or you and your sibling will have to file an affidavit of heirship at the county recorder's office and get the property transferred in your names. This will help you and your father to remove your deceased mother's name from the property deed.

If your brother's name is included in the property deed, then he can sign a quitclaim deed or a warranty deed in order to get the property transferred in your name. Your best option will be to discuss the whole matter with a real estate attorney and take his opinion in this matter.

Feel free to ask if you've further queries.

Sussane
Posted on: 08th Mar, 2012 07:57 pm
Welcome wood,

You can contact a real estate attorney and he/she will be able to let you know the steps through which you will be able to remove your deceased mother's name from the property deed.
Posted on: 09th Mar, 2012 07:11 pm
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