Should my mother remove my fathers name from house deed ?

Asked almost 2 years ago - Trenton, NJ

My father had passed and my mother was wondering if his name should be removed from deed. In the event any of his creditors may come after the house when she passes, or does the house go to the remaining children ?

Attorney answers (3)

  1. John B. D'Alessandro

    Contributor Level 14

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    Answered . It is not necessary to remove your father's name from the deed if they purchased the property as husband and wife. Such ownership is called a tenancy by the entirety. Once a spouse passes then that spouses share reverts to the surviving spouse. You should retain a copy of the death certificate to show proof of death when the house is sold. If there was money owed to a creditor and a judgment was obtained against your father then those liens would have to be satisfied before the house could be sold. I would strongly suggest that your mom prepare a Will so that ownership of the property can be administered after her death. A transfer for no or nominal consideration will not wipe out debts to creditors.

    IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-... more
  2. Michael T Millar

    Pro

    Contributor Level 19

    Answered . You should look at the deed.

    If both your father and mother are named on the deed and their names are followed by "Husband and Wife" or "H/W", then there is no need to change the deed. The words husband and wife on a deed create a tenancy by the entireties which means that your mother owns 100% of the property.

    If the deed only has your father's name, then an estate deed should be filed to transfer the home to your mother.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  3. M. Todd Miller

    Contributor Level 15

    Answered . If they were married at his death...no.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more

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