Complicated Removal and Addition to House Deed

[Helpfuldaughter]

My Mother lives in Cuyahoga County, Ohio. She owns a duplex and that has her name, her late husband and late Sister-In-Law names on the deed. It would be easy to just remove her husbands name but she needs to remove her husbands name, Sister-in-law and add the daughter of deceased Sister-n-law to the deed. I know that you just use a affidavit of Surviving spouse to remove the spouse but how would you go about removing and adding the niece? Not sure I am making sense.

 

[Zigner]

I would suggest that your mother consult with a local real-estate attorney.

 

[adjusterjack]

Sister-in-law's daughter will have to probate sister-in-laws estate to do anything about sister-in-law being on the deed.

Whether it's formal or informal probate is anybody's guess.

 

[Zigner]

You are correct adjusterjack - the matter will likely also require input from a probate attorney.

Edit: In fact, it may only require the assistance of a probate attorney.

 

[justalayman]

How was title held: joint tenants with rights of survivorship or tenants in common?


Unless it was jtwros, you don’t use an affidavit of surviving spouse. In fact it is quite likely you will have to probate his estate to determine who inherits his share.

Along with that: if it was jtwros you can use the surviving spouse affidavit. You can also use the same form to remove the sister in law s name. There would be no reason to add the daughters name as you would be the sole owner. The daughter would be due nothing.



Now, if it is tenants in common you will likely have to probate your husbands estate and somebody would have to probate the sister in laws estate. Through those two processes you would determine who, if anybody, gained a share of the property.

 

[Helpfuldaughter]

Could my Mom add my cousin since she is on the Deed? I just told her she will probably have to talk to an attorney. All they want to do is be able to get a reversed mortgage to do some much needed repairs. They are not fighting over who is the rightful owner. My Mom, Dad and Aunt where all on the Mortgage that was paid in full.

 

[FlyingRon]

Deed is not some sort of club membership. The ownership of real estate are the interests granted by deeds going back in history. A grantor (the person who signs the deed) can only give up that interest that they have. When you put someone on the deed you are giving them some share of the property. You can't just magically suck that back just because they're dead or you change your mind.

As Justa points out, if the husband's interest was not held with survivorship rights going to the wife, then the wife doesn't currently own that interest. The sister-in-law's interest almost certainly CAN NOT have had survivorship rights in Ohio. It's going to have to be probated and just because her children are also deceased doesn't magically make the property revert to the other owners.

You need to get all the paperwork to an attorney who can unravel the exact ownership, get the probate started on the various estates, and advise to what further deeds need to be filed. They should also warn you about willy nilly deeding property away like this.

 

[Helpfuldaughter]

Seems kind of harsh since the Mom paid half the mortgage that the daughter would get nothing.

 

[FlyingRon]

What the daughter gets or doesn't get depends on what interest the various owners chose to pass to her. There's no obligation that even if the mother owned 100% of the property that the daughter get anything.

At this point, there's not enough information provided to say who owns what on the property. Mom should again, gather up all the info and see an attorney.

Ownership rights are determined by the deeds and when people who have ownership die, then the deeds and whatever wills etc... are in place determine what happens next. You were right, this is complicated, but it's not something you'll correct just by issuing a new deed.

 

[Helpfuldaughter]

I am having her talk to an attorney. Thanks for all the information!

 

[justalayman]

Could my Mom add my cousin since she is on the Deed? I just told her she will probably have to talk to an attorney. All they want to do is be able to get a reversed mortgage to do some much needed repairs. They are not fighting over who is the rightful owner. My Mom, Dad and Aunt where all on the Mortgage that was paid in full.

Your mother could add your cousin but your mother can only transfer what she owns. That means cousin would gain a share of your mother’s interest and of course your mother would lose that much of her own share. None of the other owners would be affected nor would they lose any of their currently held interest.

 

[Helpfuldaughter]

The other owner is her deceased husband and deceased sister in law. I am having her see an attorney to help unravel this.

 

[justalayman]

The other owner is her deceased husband and deceased sister in law. I am having her see an attorney to help unravel this.

Unless the property was owned as joint tenants with rights of survivorship, your mother does not own her sister in laws share. Somebody else does.

Whether she inherited all of her husbands share is based on facts not known here

Yes, she really needs to speak with an attorney who can review all of the facts.