QUESTION
Mom passed. Used nickname on investment property.
Asked on May 10th, 2021 on Real Estate - Colorado
More details to this question:
Mom and stepdad own an investment property. On the title she used a nickname instead of her legal name. My mom passed away. I wanted to file supplementary affidavit to remove her name from title. Can I file an identity affidavit for someone who has passed? What kind of proof do I need regarding the name, or can I have my step dad sign and attest to her use of the name.
1 ANSWER
If the investment property is real estate and your mom and stepdad owned it in joint tenancy, then title would have automatically transferred it to your stepdad upon her death. Usually all that is needed is to record the death certificate. If they owned it as tenants in common then your mom's share would pass to her heirs, either under a will or by the rules of intestacy and probate would be required. You would not be able to file anything on your mother's behalf unless you were named personal representative of her estate. I hope this helps.
Answered on May 11th, 2021 at 11:15 AM