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Should I have my deceased spouses name removed from our house deed? I live in New York. My wife died 20 years ago but her name as co-owner of our house remains on the deed. There is no mortgage.
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Probate Litigation Attorney serving Garden City, NY
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Berkman, Henoch, Peterson & Peddy, P.C.
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More information regarding how title to the property is held is needed in order to accurately answer your question. For example, if title was held "as husband and wife", which is called a tenancy by the entirety, then a deed may not be necessary because title passed to you automatically upon your wife's death. On the other hand, if title was held as tenants-in-common, then a deed may be necessary to transfer her interest to you.
Answered on Feb 10th, 2012 at 1:38 PM