How do I remove my deceased father's name off of the title to the house my mom and he owned. She lives in the house but wants

Asked over 2 years ago - Seattle, WA

to put my name on the title as well.

Attorney answers (3)

  1. Robert Emmett West JR

    Contributor Level 9

    2

    Lawyers agree

    Answered . I agree with the response of Mr. Sonkin. There may also be future tax consequences to you associated with you acquiring an interest in the property. While the tax issues would most likely not affect your mother, you should inform yourself and discuss this issue with an attorney or CPA.

    West Law Offices, PS provides the information on this Web site for informational purposes only. The use of this... more
  2. Irving A Sonkin

    Contributor Level 12

    1

    Lawyer agrees

    Answered . If your parents had a Community Property Agreement, it should be recorded. If there was no CPA, but your father had a will, it should be probated. If there was no will, you could still probate it. If you choose to avoid probate, it could be years until you mother gets clear title. To add you, either your mother needs to disclaim in the probate, or she can deed a portion of the property to you. You need to consult with an attorney

    The advice given is general for information purposes only and should not be relied on. You should consult with an... more
  3. Scott Kemble Wilson

    Contributor Level 12

    Answered . She records an "affidavit of community property" along with a copy of the death certificate. The affidavit describes when the house was bought and that she and your father were married and that is was community property when bought and that huband has died without a will and not probate was commenced. This should be sufficient for a title insurance ecompany to insure title in your mom's name when she later sells or after she deeds to you, then dies and you eventually sell. So long as she is worth less than 2 miliion dollars, probably no tax consequence if she deeds you a 1/2 interest in the house as a gift. If she uses a "joint tenant with right of survivorship" type of quit claim deed then the house will go to you on her death without probate.

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