Legal Question in Real Estate Law in New Jersey
Change Deed to Home
My mother recently passed away. My mother and father were both listed on the deed to his home. My father would like to add my name and remove hers from the deed to his home.
What form does he need to file in order to do this?
2 Answers from Attorneys
Re: Change Deed to Home
I totally agree with Miriam, and it appears only a new Deed from your father, as surviving owner is needed, which should contain some statement about what has taken place (your mother's death) and add your name with your father, as Grantee. It is possible that there could be certain Medicaid ramifications, so an attorney familiar with both real estate and Medicaid should be consulted.
Re: Change Deed to Home
It depends on how your late mother and your father held title. If your mother had any assets that were not held jointly with your father, he needs to probate (administer) her estate. This can often be done on one's own, since the Register of Wills Office is helpful to individuals trying to administer an estate.
If they owned the property as tenants by the entirety, a unique form of joint tenant with right of survivorship available only to married couples, your father automatically became the sole owner upon your mother's death. If this is the case, he may add your name to title to the property by a deed. However, it would require certain recitals (explanations) of how title changed from mother and father to father only.
Also, if he is older and may need Medicaid assistance in the future, he should be careful about transfers of assets that may disqualify him from benefits he may need.
He should consult a local attorney with experience in real estate and estate planning and Medicaid planning.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
