Mom would like to gift land to our son (her grandson), but dad's name is still on the deed. Would she be able to do this with a death certificate?
Unfortunately, no. The transfer of property after death requires a probate proceeding or the filing of a proper affidavit of heirship. Your mother should speak to a probate attorney to see what options are available for her. A probate attorney can also review the deed to check for language that may eliminate the need for probate to pass the property.
Your question opens up a lot of other questions. Was there a will, and will it be probated? How many other grandkids are there? Will they try to assert their claims to this property? You need to speak with a probate attorney or one familiar with title laws and estates. An incorrect conveyance without attorney assistance could give your son a lot of headaches down the road.
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