QUESTION

Do I need an attorney to change the deed for my house from my husband and I to just my name, my husband has passed away?

Asked on Jul 25th, 2012 on Real Estate - New Jersey
More details to this question:
My husband passed away 4 months ago and I went to the county courthouse to probate his will. I was then told I could save $160 probate fee if everything was in both our names which it is. As far as the house is concerned I would be sole surviorship and I made an assumption that they would make that change. I went to my township to pay my taxes and asked to have the deed in thier file changed to my name and they said they could put the tax and sewer bills in my name but I need an attorney to change the deed. If this is the case can you tell how much this would cost? Thank You
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
I'm very sorry for your loss.  You have done everything correctly ! You do not need an attorney to change the deed.  As the surviving spouse you have full ownership rights to the house.  Changing the deed would cost approximately $500, and that would include the filing fees to file the new deed.  the more important question is do you have a will?  If you do, keep a copy of your old deed, and your husband's death certificate with your original will to make it easier for the executor of your estate to disburse the assets.  If you have any questions, call my office. 
Answered on Jul 26th, 2012 at 8:47 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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