Legal Question in Real Estate Law in Arkansas
Taking name off deed
My mother and father got divorced about 2 years ago and together they owned land in Arkansas. In the divorce my mom gave all rights (of the land) to my father. In January of this year my father passed away, in his paperwork we found a fax (dated 6-18-02) sent to the county assessor in Arkansas stating he wishes to remove my mothers name from ''the property''. My question: Is this a legal way to remove her name completely from the deed? Is she still entitled to having the land after his death?
Thank you for the help.
2 Answers from Attorneys
Re: Taking name off deed
It depends on what the clerk did, as far as removing your mother's name. If it is removed, she would not have any rights to the property. If it has not been officially removed, she may very well be entitled to 1/2 or all of the property. She needs to have someone do a title search of the property, in the county that it is located to see who the actual owner is. Then she may need to make a claim against the estate of your father to see that the disposition of the property includes her, if this is available. What county is the property in, what county did her husband die in, and how many children did they have?
Re: Taking name off deed
...a title search should be obtained to determine what has transpired on this matter
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