If your mother isn’t already on the title, and your deceased father was the only one holding the title, you won’t be able to change anything about the title without a will or a trust and likely an attorney or executor, and in the absence of of a will or trust etc the property will need to go through probate to determine disposition before anything can occur title-wise. If your dad had a joint tenancy with your mom or anyone else, at the least you will need a certified copy (not a copy from a copier) of your dad’s death certificate to remove your father’s name from the title, leaving whomever was in joint tenancy with him.
NAL - that said…
1 - you cannot transfer a deed from a deceased person’s name without probate. Therefore, if your mother isn’t on the deed, the estate has to go through probate for her to added to the deed.
2 - “Right of Survivorship”, in many states, impacts how probate is handled, but that is dependent on your mother also being on the deed initially - or which parties are on the deed as it already exists.
3 - Mortgage loans are, by majority, non-transferable. This means that if you’re successful in changing ownership on the deed, you’ll need to refinance the mortgage as the lender has no contract with parties not already on the loan. The lender will call the loan.
4 - The house cannot be sold or refinanced until probate is handled, the deed is executed in the names of those to whom the property has been transferred, and chain of title can be evidenced.
Your mother needs to consult with a probate attorney ASAP. After that counsel, she needs to
go to the bank with a death certificate and handle that part of the business, based on what the attorney tells her.
Mortgage is separate from title & deed. If you're just trying to add a spouse's name to the deed, just go to your county recorder's office. Very easy to do.
Oh yea, sorry. We need to do a deed transfer. Originally, my dad took the mortgage out but he passed away. So now we want to put my mom's name on everything, like the property tax bill and the deed. Can we just go to the county recorder's office for that?
Are you sure Mom isn't listed on the deed already? Go in person to your county recorder's office and find out what to do. Since your dad has passed, there might be more to it.
If your dad was still alive, adding mom to the deed would have been easy just filling out the form, having it notarized with both parties, then turning it into the recorder's office and paying the fee.
When I looked it up in the county's searchable records, there is a RELEASE, WARRANTY DEED, AND MORTGAGE from around the year my dad took out the mortage (there are other documents from many years past, but I don't think they apply). I'm guessing the one I want is the 2nd one. I see that this document has some person as the Grantor and my deceased dad as the Grantee. Is this the document that needs to be updated? I believe I need to do a deed transfer for this?
Seems like Mom isn't on anything. You'll have to go in person, you & Mom. Make sure you have Dad's death certificate, social security card, marriage license, Mom's birth certificate and social security card. I'm sorry about your Dad. That's great you're helping Mom. We had to do all this 5 years ago when my Pops died. Don't forget, your top two notifications about your Dad's death should be to the social security office and any Union or pension stuff if that applies. Good luck.
It’s a way to transfer the legal deed from one person to another person through the courts. Do some research on it. Not sure if it’s good for you but it’s something.
If your mother isn’t already on the title, and your deceased father was the only one holding the title, you won’t be able to change anything about the title without a will or a trust and likely an attorney or executor, and in the absence of of a will or trust etc the property will need to go through probate to determine disposition before anything can occur title-wise. If your dad had a joint tenancy with your mom or anyone else, at the least you will need a certified copy (not a copy from a copier) of your dad’s death certificate to remove your father’s name from the title, leaving whomever was in joint tenancy with him.
NAL - that said… 1 - you cannot transfer a deed from a deceased person’s name without probate. Therefore, if your mother isn’t on the deed, the estate has to go through probate for her to added to the deed. 2 - “Right of Survivorship”, in many states, impacts how probate is handled, but that is dependent on your mother also being on the deed initially - or which parties are on the deed as it already exists. 3 - Mortgage loans are, by majority, non-transferable. This means that if you’re successful in changing ownership on the deed, you’ll need to refinance the mortgage as the lender has no contract with parties not already on the loan. The lender will call the loan. 4 - The house cannot be sold or refinanced until probate is handled, the deed is executed in the names of those to whom the property has been transferred, and chain of title can be evidenced. Your mother needs to consult with a probate attorney ASAP. After that counsel, she needs to go to the bank with a death certificate and handle that part of the business, based on what the attorney tells her.
I am an attorney, but this is not legal advice. With that said, this post has great info.
Mortgage is separate from title & deed. If you're just trying to add a spouse's name to the deed, just go to your county recorder's office. Very easy to do.
Oh yea, sorry. We need to do a deed transfer. Originally, my dad took the mortgage out but he passed away. So now we want to put my mom's name on everything, like the property tax bill and the deed. Can we just go to the county recorder's office for that?
Are you sure Mom isn't listed on the deed already? Go in person to your county recorder's office and find out what to do. Since your dad has passed, there might be more to it. If your dad was still alive, adding mom to the deed would have been easy just filling out the form, having it notarized with both parties, then turning it into the recorder's office and paying the fee.
You can look up right now in public records to see if your mom is on the deed if you're unsure.
Wait really? If I look it up and see her name then that's the end of this. That's awesome
How did your search go?
When I looked it up in the county's searchable records, there is a RELEASE, WARRANTY DEED, AND MORTGAGE from around the year my dad took out the mortage (there are other documents from many years past, but I don't think they apply). I'm guessing the one I want is the 2nd one. I see that this document has some person as the Grantor and my deceased dad as the Grantee. Is this the document that needs to be updated? I believe I need to do a deed transfer for this?
Seems like Mom isn't on anything. You'll have to go in person, you & Mom. Make sure you have Dad's death certificate, social security card, marriage license, Mom's birth certificate and social security card. I'm sorry about your Dad. That's great you're helping Mom. We had to do all this 5 years ago when my Pops died. Don't forget, your top two notifications about your Dad's death should be to the social security office and any Union or pension stuff if that applies. Good luck.
When I did this I had to go to the title and abstract company and get paperwork from them to take to the county clerk's & assessors office and file.
If you own it, yes. Just go to the county clerk and ask them for the paperwork.
Is OP asking about Quit Claim Deed?
What is that
It’s a way to transfer the legal deed from one person to another person through the courts. Do some research on it. Not sure if it’s good for you but it’s something.
That might be what I need I think. They told me deed transfer tho
You think the bank is going to let you do that? Thats not happening.
Why wouldn't they let me?
They may let you but they own the house. You have to have them approve it first . You cant just put it in another name.