How to replace name on property deed?

Question

Property is in the name of my deceased grandmother and my living uncle (her son). Uncle is 91 and mentally alert but needs information regarding replacing her name with mine. Thank you.

Edward Armstrong · Answer

You should have an affidavit prepared for your uncle and the affidavit (sworn statment) should give both the street address and the legal description of the property in question. Then it should recite that you uncle and his mother(name) owned the property as joint tenants with right of survivorship (assuming this was how they owned it); that his mother (state name) die on (insert date of death); that (name of uncle) is now the sole owner. Then the affidavit should be signed in the presence of a notary public and then recorded at the office of recorder of deeds for the county in which the property is located.

Norman Green · Answer

How is it in their names?  As joint tenants?  As tenants-in-common?  Other?   If as joint tenants, then all you need to do is file an Affidavit of Death of Joint Tenant and then a quitclaim deed.

James Oberholtzer · Answer

You do not replace them.  You are added to them by the owners of the property.  When your grandmother died, who got her interest?  The current owners must add you to the title.

James Frederick · Answer

There are a number of ways of doing this, depending on the facts and the objectives. There are potential issues in terms of elder law (or long term care) planning. This should be set up by an estate planning attorney who can review all of this with you and set this up to best achieve your objectives. Probate may be needed, depending on the current state of the title.

Thomas Phipps · Answer

If they owned the property jointly, he owns it now.  He can file a new deed to add your name to the title.  You will want to talk to an attorney to make sure it is done legally.

Sanford M. Martin · Answer

Your uncle can execute a quit claim deed transferring the property from his name to both of you. The deed should state that the grantees are joint owners and have full right of survivorship.  The deed must be recorded.

Victor Waid · Answer

Uncle could add your name to the deed, but cannot remove the name of your grandmother. Your uncle may have succeeded to your grandmother's share of the estate, and you would succeed to all of the estate upon his death, if he grants you title in joint tenancy which has a right of survivorship, from himself to himself and yourself in joint tenancy, or grants the whole title to you. See a probate lawyer for assistance.

Brian Haggerty · Answer

He should leave it to you in his will. There are substantial tax differences between giving you the property now and giving it to you in his will.

Michael McFarland · Answer

In Idaho, someone probably needs to be named as personal representative of your grandmother's estate in order to sign over her interest.  There may be simpler options, such as if your uncle and his mother were joint tenants with right of survivorship.  You need to talk to an attorney experienced in probate matters - sooner rather than later.

Thomas Edward Gates · Answer

Did anyone probate your grandmother's estate?  Her interest in the property would have been transferred by a Personal Representative Deed.  Since is deceased, you cannot use a Quit Claim Deed.

Mark T. Peters · Answer

If his name is on the deed, chances are filing a death certificate for grandmother with the recorder's office will do it.  He may need to file an affidavit with it.  Talk with the people at the Recorder's office.  They will probably cost less than an attorney and give you some good advice.

Bernard H. Greenberg · Answer

Your uncle should visit with an attorney specializing in estate planning. In all likelihood, the last thing he should do is put your name on the deed to the property.

Dara J. Goldsmith · Answer

If the property is in a joint tenancy he first needs to complete an Affidavit Terminating Joint Tenancy. That needs to be recorded. If it is not in a joint tenancy, a probate will need to be opened. Once title is in his name he can make a deed that adds you as a pay on death beneficiary if he has the requisite mental capacity to do so, or as a joint tenant. He should speak with an attorney so he fully understands the implication of the options.

Christine James · Answer

First, your uncle needs to see an attorney without you so there is no questions of undue influence. Then the attorney can help remove grandma's name and changing title.

Ben Liu · Answer

See an attorney. If the original deed was a joint deed with rights of survivorship, your uncle is now the sole owner. He can do a deed to himself and you with rights of survivorship. There may be other options.

John Palley · Answer

First a probate is probably needed to get the property out of grandma's name.  Second, assuming it transfers to uncle, he can sign a deed to you. Getting the probate started is key. I encourage you to find an experienced probate lawyer to explain the process.

Kathleen Delacy · Answer

If right of survivorship and he owns 100% of property, after probate process Recorder of Deeds should show him as sole owner then he can have a deed drafted transferring property from him to him and you

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