Putting children names on the deed to a home

[cndouble3000]

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

After my mother died in 2006 my father put my brother and I on the deed to his house and took my mother's name off. My father died last month and we tried to do the same thing as when my mother died, take his name off and leave just our names on the deed. Now we are having a problem doing that. The house is paid for, so why now are we having a problem putting the house in just our names?

[FlyingRon]

Because you can't just take people off a deed, even if they are dead.

If the deed to you wasn't from him to all of you jointly, his share doesn't revert automatically to you on his death. I suspect this is what happened. You will need to probate this to distribute his share to his heirs (either what he says in his will, or via the laws of intestate succession).

Further, you were possibly done a great disservice by being gifted interest in the property. You took over his presumably quite low cost basis on the property.

[cndouble3000]

Why did they take my mothers name off in the first place then. That was not the correct thing to do either was it? Should it have been some kind of process?

[nextwife]

Originally Posted by cndouble3000

Why did they take my mothers name off in the first place then. That was not the correct thing to do either was it? Should it have been some kind of process?

Most states have a legal presumption of joint custody bewteen husband and wife, unless specifically set up some other way, such as Tenants in Common. A surviving joint tenant therefore is automatically entitled to the interest owned by the deceased Jt Tenant. Therefore dad taking mom off title would have been an easy matter not requiring probate.

The form of ownership between dad and you two, however, is obviously NOT jt tenancy.

[cndouble3000]

Thank you, that makes sense.