Q: Is there some sort of form that can be filled out to get my home out of probate so I can refinance?
My wife died in June 2013. I am still her husband. The title deed states Gregory Cummings and Tracey Cummings, husband and wife, but it is not a Joint Tenancy agreement. There is nothing that states survivor-ship. I am a 100% disabled veteran, and there is no money... I cannot continue to afford my home when my daughter turns 18, and my VA Disability lowers.
A: I am sorry to hear that your wife passed away. Unfortunately, because the home was not in joint tenancy, it will be necessary to probate your wife's estate in court. Only then can your wife's name be removed from the title so you can refinance. Moreover, if you and your wife have children and your wife did not have a will, the children could be entitled to inherit partial ownership in the house. While you can represent yourself, I highly recommend that you hire a probate attorney. The probate laws are very complex, and failure to give notice properly or other mistakes can be costly and cause many problems later on.
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