Legal Question in Real Estate Law in Missouri

Title-Deed Changes

Question iss my mother wants to amend the deed(title)to remove my fater(decresed)and add my name can we amend the deed ourselves? Or what do we need to do?


Asked on 6/20/02, 10:37 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Title-Deed Changes

You ask a very good question, and I would be happy to help you. First, since your mother is the owner of the real estate, I would need to speak with her in order to determine her intentions. I would also make efforts to be sure that she understands the various forms of ownership, their legal consequences, and her available options. You do not "amend" deeds, as you say in your question. In most cases, we will need to file an "Affidavit of Death" with the Recorder of Deeds assuming that your parents owned the property as tenants by the entireties. This will have the legal effect of clearing your father's name from the title of record. Second, your mother may elect to prepare and record a quitclaim deed transferring the property to herself and you as joint tenants, or she may elect to prepare and record a beneficiary deed naming you as the beneficiary to take the property upon her death. There are different legal consequences for each option. I would strongly advise you to use legal counsel to take care of these matters to be sure that your mother actually achieves her goals. If your mother is not already represented by legal counsel, either you or she may call me for a free telephone consultation at 314-727-2822.

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Answered on 6/21/02, 10:41 am


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