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How do I get my deceased mother's name off of the deed of our house?

Staten Island, NY |

Mine and my mother's name are on the deed of my house. My mom passed away in May of 2011. How do I get her name off of the deed? Will my siblings be an issue?

Attorney Answers 4


  1. That depends on several factors including how title was held (were there rights of survivorship), whether she had a will or not and who the executor or administrator of the estate is. The question can not be answered without additional information. I suggest you consult witha real estate attorney.

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  2. The answer depends on how your mom and you held title. If you were tenants in common, her estate and you are partners. If that is the case, you will need to have her will probated or if no will, you must have her estate administered to ascertain who her heirs (your partners) are. If you were joint tenants with the right of survivorship, you are now the owner by operation of law and need do nothing. You should retain an attorney to discuss these questions and your responses further.


  3. You need to first determine how it is that you and your mother held title: 1) joint tenants with rights of survivorship; or 2) tenants in common.


  4. Depends on the type of deed. Bring the deed to an attorney to review. If there is a will, then bring that along.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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