Q: The deed on my parents' house reads "John Doe and Jane Doe, Husband & Wife." How to get new deed after death of one?
My Dad had a will but everything is left to Mom. No probate is necessary for any other assets, as almost everything was owned jointly. How do we get a new deed in Mom's name only? York County recorder has no info about this on their website. Thanks!
A: This could be handled by recording a new deed in the name of Mom only. In the deed we would explain why the deed is being re-recorded. This would be an inexpensive project.
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A: I assume that your father died. If so, based on what you said, a new deed is not necessary.
Since the deed referenced their ownership as "husband and wife," it means that they owned it as "tenants by the entireties," as a matter of law. That confers automatic rights of survivorship to your mother. Thus, she already owns the property by survivorship and a new deed is not necessary.
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