Legal Question in Real Estate Law in New Jersey

Re: Remove a name from a deed if person has passed away

The answer to your question depends on whether the ownership interests of yourself, your spouse, and your father include the right of survivorship. If there is such a right, it would be stated on the deed. This would mean that when your father passed away, you would become the owner of his interest. In that case you should only need to show the insurance company a certified death certificate for your father. However, if there was no right of survivorship, you will need to probate your father's estate in the county surrogate court, in order to become the executor (if he had a will) or administrator (if he died without a will). Once you become the executor or administrator, you will have the legal authority to execute a new deed from your father's estate to yourself.

Re: Remove a name from a deed if person has passed away

A new deed would have to be drawn. How it reads and what other papers are needed depends on your father's estate and how the deed reads. You should make an appointment with an attorney and bring all the relevant papers. If you call me and mention LawGuru, the first half hour is free.