Legal Question in Real Estate Law in Massachusetts
change a deed
I am having my sister's name added to the deed of our deceased mother's house, in addition to mine which is already there. Since my sister lives in Calif., I would like to send her whatever forms need to be signed ahead of time, so when she comes home it can be settled quickly. Do I do this through the town clerk's office or must I go through a lawyer?
Thanks for your help.
Donna
3 Answers from Attorneys
Re: change a deed
Hello & Thanks For Writing -
You should use an experienced real estate attorney for this project, adding a person to a deed is a relatively straightforward matter.
My name is Len Foy and I am an attorney licensed to practice law in Massachusetts, California & New Hampshire. I can help you with the preparation of the deed and also a cursory examination of the title to see that everything is in order.
Feel free to contact me at AppleTree Title & Closing at (603) 434-9910 or on my mobile phone at (603) 978-0421.
I look forward to hearing from you -
Good luck!
Regards - Len Foy
Re: change a deed
Adding someone to a deed is easy enough to do, however if there is a mortgage on the property, adding someone to the deed might cause a problem with the mortgage. You should get an attorney to help you so that it is done correctly. Deeds are recorded at the Registry of Deeds, not the town clerk. David Baker
Re: change a deed
Take the deed along with your Mother's Will or estate documents to a lawyer who can better assess the state of the title and draft a deed that you alone need sign, naming you and your sister as owners if that is what you want. However, if the current deed names you and your deceased Mother as tenants in common, and Mother's will or her estate left her interest to your sister or to you and your sister, your sister may not need a deed to establish her interest in the property as the Probate court records will do that. Good Luck!