New Carlisle, IN asked in Real Estate Law for Indiana

Q: CAN I REMOVE A NAME FROM A DEED WITH A DEATH CERTIFICATE

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1 Lawyer Answer
Michael Ray Smith
PREMIUM
Michael Ray Smith
Answered
  • Indianapolis, IN
  • Licensed in Indiana

A: I'm guessing that you are talking about property that was held in joint tenancy with right of survivorship. One of the joint tenants died, and now the property is owned by the surviving joint tenant. If that's the case, the surviving joint tenant can sign a document called an affidavit of survivorship and have it recorded in the county recorder's office. That will "clean up" the title record so the survivor can sell the property. But if my guess about the details of your question is wrong, the answer could be very different.

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