Legal Question in Real Estate Law in Massachusetts
Deed Name Change
My mothers father owned a house. When he passed the house became a 50/50 split between my mother and my uncle. My uncle's daughter moved in to the house and has been paying rent. My mother has since passed. Is there anyway for my uncle or cousin to take my mothers name off of the deed and take sole posession of the property? What is the process to change the deed name to my father (my mothers husband and beneficiary) and my uncles name? Thanks.
1 Answer from Attorneys
Re: Deed Name Change
First, you need to know exactly how your mother and her brother held title to the property. Did their father die with or without a will? If there was a will, what did it say about the house?
Chances are that they owned the house as tenants in common. If so, you need to probate your mother's estate so that her 50% interest in the house will pass in accordance with her will, or by the laws of intestate succession if she left no will. You or your father should probably consult a lawyer.
In the unlikely but possible event that your mother and her brother owned the house as joint tenants with the right of survivorship, then her brother could record her death certificate at the registry of deeds to become the sole owner.
In any event, there may also be a need to file an estate tax return.
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