My Great Aunt passed away 20 yrs ago, Her an I name is still on the House Deed, upon her death her husband was to take over Survivorship of her share and upon his death i was to over. Both have passed but Her name is still on Deed, an i cant sale the property with her name on it, She did not have a Will at the time of her death. What can i do?
What you need to do depends on exactly how the deed was worded. If it lists your name with your aunt's name (and no one else's name), AND if it says you and she own the property as "joint tenants," "with rights of survivorship," or in any way that clearly shows that a deceased owner's interest was intended to automatically pass to the surviving owner at the first owner's death, then you should only need a certified copy of your aunt's death certificate in order to show that you own the property. If her husband was also listed on the deed, then you may also need his death certificate, but it sounds like only two names were on the deed.
If the deed does not contain language clearly showing that a deceased owner's interest is intended to automatically transfer to the surviving owner, however, then you may have a much bigger problem on your hands. You may need to open and administer your aunt's estate, and, possible, her husband's estate. If their Wills actually direct the property to someone other than you, of if there are no Wills and you are not the only legal heir to both (which you likely won't be, at least with regard to your aunt's husband), then you may not be the only current owner of the property.
You need to take the existing deed and go to a good attorney, show the attorney the deed and any Wills or other documents you have from your aunt or her husband, and have the attorney help you figure out what you are actually dealing with and what steps you need to take to clear things up. This isn't a good situation to try self-help, or to seek advice in this kind of forum. Best wishes to you.
YOu will need to file a Petition to Appoint Permanent Administrator, probalby for both your Great Aunt and her husband. Your beleif that you were supposed to get the house must be in the form of a deed from them to you or you must be the only heir of the great aunt and her husband.
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