Changing a real estate deed fom Mother and Fathers name to Mothers name

[Staple2]

What is the name of your state (only U.S. law)? North Carolina, What kind of lawyer do we contact after my fathers death, to change real estate property into my mothers name. Also are there other things we need to do about my fathers estate. We already have changed bank accounts, investments, etc. to her name.

 

[FlyingRon]

It depends how the property is held now. If it states that the property was held jointly or by the entirety, or if it is silent and was purchased as a married couple, the surviving spouse automatically owns it. Call the county courthouse (or whoever handles land records) and see if they want a death certificate or such to update their records.

If the house was held in common (unlikely, but it is possible), then it will need to be probated according to their will and/or the laws of intestate succession. Whatever lawyer is handling the probate can prepare the deed.

 

[OK-LL]

What is the name of your state (only U.S. law)? North Carolina, What kind of lawyer do we contact after my fathers death, to change real estate property into my mothers name. Also are there other things we need to do about my fathers estate. We already have changed bank accounts, investments, etc. to her name.

If the property was held by your parents "as joint tenants with rights of survivorship" you can call your local title company or the county clerk and ask what document is required to show the property has transferred to your mother alone on your father's death; usually this will be an Affidavit of Surviving Joint Tenant accompanied by a death certificate or some similar document.

If the deed was in your father's name only, you will have to probate the property to transfer the title; unless you are familiar with the probate process, it will likely require that you hire an attorney to handle this for you. It need not be a lengthy or drawn-out process, most states have some type of truncated process for small estates.