changing the name ona real estate deed

[john5240]

What is the name of your state (only U.S. law)? Massachusetts


Here is the problem. 2 married people buy a house. The house deed & courthouse records shows just the husbands name. The husband dies and the wife continues to live in the house, with the deed & courthouse records listing just her former husbands name. She dies and her will gives the house to her surviving son.

Now, the son cannot sell the house because it is deeded in his fathers name.
Without paying big bucks to a lawyer, how can the son get the deed changed over to his name?
I thought maybe a petition to probate court might be the answer, but I'm not sure.
Help please.

 

[tranquility]

Did dad have a will? I see two probates needed. The first for dad to his heir(s). And then from those heir(s). If mom inherited completely from dad, then probate to son.

 

[john5240]

Did dad have a will? I see two probates needed. The first for dad to his heir(s). And then from those heir(s). If mom inherited completely from dad, then probate to son.

Let me clarify the situation, since I was not given the proper facts. A married couple buys a house. Both of their names are on the deed and the mortgage is paid off. The husband dies and his will is probated. The wife remains in the house, until she dies. Her will leaves the house to her surviving son and her will is probated and approved by a judge. Now, how do we go about getting the deed changed to reflect the son as the owner?

 

[justalayman]

that would be taken care of through the probate action of the mother's estate.

Hold on second; is probate still open? If so, the estate could sell the house. If it has already been finalized, there should have been the proper deed written to transfer title to the heir.

 

[OHRoadwarrior]

2 questions linger. Was mom sole beneficiary of dads portion of the house? Was the probate finished? I will throw in a few more. Is the title by chance a survivor-ship deed, indicating something like "Bob and Mary Smith JT w/survivorship"? Dads probate might need finished and title updated, moms probate needs opened. Does mom have a will giving son sole right to inherit house?

 

[Montezuma]

Side Question:

If the husband and wife's name been switched on the Deed, is this error worth the trouble to correct it.

Currently it is like "wife's name" AND WIFE, "husband's name".

Since both person's full name is listed on the deed. They should be able to sell or other thing with their house without any legal issue.