Legal Question in Real Estate Law in Missouri
Am I required to remove the name of my deceased spouse from our property deed, and shoulld i notify the mortgage holder. Both names are on both documents.
2 Answers from Attorneys
You are not required to alter the title to yrou house. But, there are many strategic reasons for doing so. You may choose to informthe lnder of your spouse's passing, but there are stragegic reasons for opting not to volunteer that information.
Please accept my condolences on your loss. I would need to review the actual legal documents before I could offer my opoinion on what you should do with either the title or the loan. In many cases we file an "Affidavit of Death" with the Recorder of Deeds to clear up the state of the title upon the death of a co-owner. Sometimes we are required to notify the holder of your deed of trust, but more often we are not. Perhaps you would be well-advised to consult with an attorney in your geographical area who deals with these matters.