Tenancy by Entirety After a Spouse Passes Away

[sd442]

What is the name of your state? Missouri

How can a spouse be removed from the deed after that spouse has passed away?

 

[Taxing Matters]

What is the name of your state? Missouri

How can a spouse be removed from the deed after that spouse has passed away?

Property held by spouses as tenancy by the entirety automatically become the sole property of the surviving spouse upon the death of the other. Generally in Missouri what you do to record that fact is file in the deed recording office an affidavit of death along with a certified copy of the death certificate. I suggest seeing a probate or real estate attorney to get the affidavit of death done correctly. You don't want there to be any questions or problems with it later when you're ready to sell the property.

You should also get an appraisal of the fair market value (FMV) of the property as of your spouse's date of death. That will be important to determine your basis in the property when you sell it. You'll get an adjustment (probably an increase) in basis as a result of your spouses half of the property getting a fair market value basis as of his/her date of death. Having a contemporaneous appraisal to support that can be a huge help later should the IRS or the state question the basis of the property after you file your tax return for the year of the sale.

 

[zddoodah]

How can a spouse be removed from the deed after that spouse has passed away?

You cannot "remove[] [someone] from [a] deed."

As "Taxing Matters" pointed out, upon the death of one spouse, the other should file or record some sort of affidavit so that the death (and the consequent transfer of the deceased spouse's interest to the survivor) is a matter of record. For the particulars, consult with a local probate or real estate attorney.