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Property deed after death of spouse

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Moonwitch2000

Junior Member
What is the name of your state? Georgia

My husband has died and I need to take his name off of my property deed.

I also have other property that I want to give to his son.

There was no will and only one child. He is 33 years old.

What do I need to do and what form do I need to use.

Thank You,

Carolyn
 


S

seniorjudge

Guest
Did your husband have any other heirs besides you and his son? I.e., mother, father, brother, sister, son, daughter?

Are there any claims by any creditors against your husband?

Whose name is on the deed now?

There are ways to do what you want to do, but we must know more information.
 

HomeGuru

Senior Member
Moonwitch2000 said:
What is the name of your state? Georgia

My husband has died and I need to take his name off of my property deed.

I also have other property that I want to give to his son.

There was no will and only one child. He is 33 years old.

What do I need to do and what form do I need to use.

Thank You,

Carolyn
**A: if he was the sole owner, then you need to go to probate court.
 

Moonwitch2000

Junior Member
seniorjudge said:
Did your husband have any other heirs besides you and his son? I.e., mother, father, brother, sister, son, daughter?

Are there any claims by any creditors against your husband?

Whose name is on the deed now?

There are ways to do what you want to do, but we must know more information.
There is a mother and 2 sisters. But theres no problem there.
No claim by creditors. Both our names are on the deed now.
I was told that I need his name taken off of it in case I ever need
to mortage or sell the house.
 

HomeGuru

Senior Member
Moonwitch2000 said:
There is a mother and 2 sisters. But theres no problem there.
No claim by creditors. Both our names are on the deed now.
I was told that I need his name taken off of it in case I ever need
to mortage or sell the house.
**A: who is "his" in taking his name off?
 
S

seniorjudge

Guest
Moonwitch2000 said:
There is a mother and 2 sisters. But theres no problem there.
No claim by creditors. Both our names are on the deed now.
I was told that I need his name taken off of it in case I ever need
to mortage or sell the house.
BEGIN IF
you are saying that you and the deceased person owned the land as joint tenants with right of survivorship, then when you want to sell or mortgage the land, you would put your name something like this: "Jane Doe, an unmarried person, the surviving spouse of John Doe, to whom she was continuously married until this death on the first day of January 2005." You could ALSO deed it to yourself now using this type of wording or file an affidavit in the land deed records showing his date of death or file a death certificate for him in the land deed records.
END IF

Get a lawyer. This is not DIY.
 

HomeGuru

Senior Member
Moonwitch2000 said:
My Husband. I was told I need to have my husbands name taken off of the deed in case I ever decide to sell the house.

**A: this is either a joint tenancy or a probate court issue.
 

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