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How do I remove my deceased dad from a home title & leave my mom, also adding myself (daughter) to the title?

My dad passed away last year. I wanted to legally remove him from the home title in both the County and the Bank that financed the mortgage. I want to leave my mom on the title, but at the same time, I want to add myself.

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Attorney answers (4)

Reputation Level 16
If he died owning real property in Florida, then there had to be a probate set up. Consult with the probate attorney to address those issues.

Reputation Level 8
There are many details that need to be condidered in this instance. If your parents owned the property as a married couple (tenancy by the entireties), then there is nothing further that you have to do to transfer title. It automatically passes to your mother. However, in order to properly document that in the public records, and in order to sell the property in the future, you will have to record a death certificate and a DR-312.

With regard to the mortgage, you will have to inform them of the passing in order for them to approve the removal of his name from the mortgage. They may have some requirements in order to do so.

If you intend to add yourself on title for estate planning purposes, there are better ways to do so. The disadvantage of adding yourself onto your mom's title is, 1) it is your mother's home, but it takes away her freedom to do with it what she wishes; she will need your approval and signature for everything from permits, to loans, to refinances, to leasing, to sales; 2) She loses her homestead protection if she ever has to declare bankruptcy or with regard to any creditors; she may lose her home; 3) any judgment or debt that you have personally will attach to your half of her home; 4) it is a default under the current mortgage to add a person to title; 5) upon your mother's passing, ordinarily the heir takes the home with a "stepped-up" basis (in other words, you do not pay taxes on the gain from a sale immediately after the passing); when one transfers in life, you only get a "carry over" basis, which means the price your parents purchased the home. You must pay taxes for the rest.

So, if your goal is to make this transfer for estate planning purposes, my advice is that you consult with an estate planning attorney to give you better options, such as a revocable trust.

I'm sorry about your loss and I wish you all the best.

Reputation Level 14
I agree with Ms. Ortega's answer. The home may not require probate depending on how it is titled. Typically in Florida a home owned by a Husband and Wife is held with right of survivorship, meaning the home automatically passes to the surviving spouse without the need for probate. A certified death certificate will need to be filed with the recorder's office in order to formally transfer the property. To add you to the title, a Quit Claim Deed would need to be properly executed and recorded. There are different ways you and your mom can hold title (i.e. through a life estate, as tenants in common, as tenants in common with right of survivorship, etc.). There are pros and cons to each of these, so I would recommend consulting with an estate planning attorney to go over your options with you.

Reputation Level 10
I agree with Ms. Ortega's answer, but would add that you should record a continuous marriage affidavit as well as the death certificate and DR312.

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