My husband died 3 months ago. We have properties in both names and we both have a will. I took the will to the probate court and the judge gave me an order admitting will to probate in solemn form and assigned me as the executrix. My husband's will states that what he owns goes to me if I survive after his death.
So, what form should I fill out to remove his name from the deeds?
Is Quit Claim works in this case and if it does in whose name I should be putting the quit claim?
Please help me.
I am very sad to tell you that you likely already made a big mistake and are about to make more,especially atsuch a difficult time for you. You NEVER should have gone to court without a lawyer and should stop and get one now. Even with a will,there is a good chance you should have taken an alternate route. First of all, depending on the wording of the deeds,probate mayhave been unnecessary, with the property already transferring by operationof law(in those cases I often draft an affidavit just to record that fact). Second, had you done years support instead, you would have avoided one year'sproperty taxes, and also perhaps some of his bills and debts. In a probate, before transfering under the will (andyou do NOT use a form) you must take several steps involving debts and potential debts. Once debts and taxes are cleared, one uses an assent to devise (custom drafted to the case), or, in some cases although Idon't prefer it, an executor's deed. I know this is not what you wanted to hear and please accept my condolences on his death, but please also get counsel and see if you can fix the early possible missteps and do this properly.
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It would be in your best interest before you get deeper in trouble to retain an attorney.
You will need to prepare an Executor's Deed to transfer the property into your name. Any probate or real estate lawyer should be able to help you with this kind of deed.
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