More details to this question:
On May 17, 2011, my mother passed away unexpectedly. As unfortunate as it was, she did not have a will in place & I have 3 surviving siblings. The mortgage on her home has been paid in full. However, in addition to her name, my father's name is also on the deed. They have been divorced and living apart for over 15 years. Is there anything that my siblings and myself can do to have the deed transfer into our name? Or, What are my options or the procedure to our names placed on the deed to prevent my father from trying to sell the property?
4 ANSWERS
Theodore W. Robinson
You must start an Administration proceedings in Surrogates Court to have the deed changed into your names since the house should be only in her name if the divorce was done properly. However, the best way to do that is to hire an estate attorney to represent you and them. Good luck.
Answered on Jun 07th, 2011 at 12:00 PM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
Its important to see how your fathers name is listed to determine who will own the property. You should consult with an estate planning lawyer to see what options you have.
Answered on Jun 07th, 2011 at 11:03 AM
1 Award
It all depends on how the property is titled between your Mom and Dad. If they were listed as joint tenants, your Dad as the survivor will get the property automatically. It does not matter what is stated in your Mom's will or whether or not they have been living together/divorced. If they are listed as tenants in common, you will likely be awarded 50% ownership of the property.
Answered on Jun 07th, 2011 at 9:58 AM
Glen Edward Ashman
If your father is on the deed, depending on the wording of the deed, either he now owns 100%, or he owns 50% and the other 50% would be divided in a probate. If he is the 100% owner, you do nothing as you have no claim. If he's the 50% owner, you get a lawyer and administer the half the property.
Answered on Jun 07th, 2011 at 9:00 AM