My mother passed some years ago but my father is still alive I now live in the home I grew up in my father remarried some years ago and he has been saying that he wants to put the house in my name I have
been paying the bills and taxes for years is this something that we can handle between us or do we need to legally draw up paperwork being that he is remarried
You should consult a real estate attorney so as to determine: 1). how your mother and father held title at the time of your mother's demise; 2). if they were legally married at the time of your mother's demise. Based on these answers, either: 1). a will need be probated, 2). title may have passed to your father by operation of law, 3). the intestacy statute of your state will dictate how your mother's interest passed. Once these determinations are made, a deed and all requisite transfer documents must be prepared, executed, notarized and then filed with the lands record office/county clerk to place actual notice of the fact that title has been transferred. Additionally, if there is a mortgage encumbering the premises, this will factor in to the transferring process, as the lender may have to concede to the transfer so as to not trigger an acceleration clause/due on sale clause. Lastly, your father's new wife may claims to the property if she is a vested owner, or if your state is a "marriage" state. In summation, this response is generic. Given the myriad of factors surrounding your circumstances, you should most certainly have a local attorney contacted to effectuate this transfer. Good luck to you.
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Anthony is right, there are a few answers you'll need to determine how a transfer can be effectuated. For this reason, you should consult a real estate attorney.
Don't do this yourself. You need to have a lawyer check the title history. Your mother's death and your father's remarriage may have complicated the title status such that other people (your mom's heirs and your dad's new wife, for example) might need to sign to give you clear title.
This answer is for information purposes only, and does not establish and attorney client relationship. James Faucher is licensed to practice law in North Carolina only. You should always contact a local attorney to get location specific answers about the law.
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