Legal Question in Real Estate Law in Massachusetts

Re: deed to house

A new deed needs to be prepared. This assumes that title has been cleared following the death of the spouse. This also assumes that there is not a mortgage on the property at the present time.

Re: changing deed to house?

It depends. It depends what the deed says, and if the deed does not provide for it, it depends on the language of the will.

You can contact me if with questions related to your specific needs.

Re: deed to house

Assuming there is no mortgage on the real estate, then you prepare a new deed. You also need to record a copy of the death certificate of the deceased spouse. If there is no mortgage you will have to file a gift tax return, since I assume the value of what you are giving is more than the annual gift exclusion.

If there is a mortgage on the property you will need the consent of the Mortgage Company.

If you are doing this as an estate planning matter, I would strongly suggest you contact an attorney before taking such action. There are many ways to protect an estate and not complicate your life. Once your child is on the deed, you will not be able to sell the property without the child's consent or refinance a mortgage or take a home equity loan. If you are trying to protect your assets should you need to use Medicare for any reason, there are better ways to do this.

Again, I would contact an attorney and make sure the action you are about to take is the right one for your purposes.