Legal Question in Wills and Trusts in Massachusetts

Re: Remove deceased persons name from property title

Your bank is a little inaccurate;you don't remove a name from the deed; that was accomplished when the spouse passed away. From that moment on you were the sole owner (assuming you and your wife owned the property jointly). When a person dies in Massachusetts the Department of Revenue puts a lien on the property to make you prove that she did not leave a taxable estate, that is an estate of more than $675,000. It is this lien which the bank is referring to rather than removing her name from the deed. To get rid this lien you simply have to file an affidavit in the Registry of Deeds in the County in which the property is located stating that the decedent left no taxable estate. That will remove the lien and clear the title and you'll be able to get your home equity loan. Or you can wait ten years from the date of your wife's death and the lien disappears by itself

Re: Remove deceased persons name from property title

What, if anything, needs to be done to "remove" the decedents name depends on how the property was held. If the property was held as joingttenants, then the property automaticaly passes to the spouse. If the bank wants the name of the deceased spouse taken off the deed merely as a formality, this can be accomplished by a simple deed. (However, this seems unnecessary.) If the estate does not owe any estate tax

(an escalating figure presently at approx. $685,000.00) then a simple affidavit will do. Due to a change in procrdure, a formal tax release letter from the Department of Revenue is no longer required in such instances.

However, if the property is held other than as joint tenants, an estate or administration may be required. If there are no heirs other than the spouse, this can be a simple and fairly inexpensive process.

Re: Remove deceased persons name from property title

The other attorneys assume that there is a lien. This needs to be addressed. If there is no lien, then a certificate of death needs to be filed. Then there is a question as to how the property is held. Unless the subsequent person is on the deed, then any person claiming must have a basis, such as a will. Then, the matter will probably have to be probated.