Q: I am listed on the deed to my home as joint tenancy with my parents and brother.
they have all passed away. I am ready to sell the home, is it required that I file for an updated deed with Affidavit of Surviving Joint Tenant in my name only? I have all 3 certified death certificates.
A: If you are the last surviving joint tenant, all you should need is to sign and record the correct Affidavit of Surviving Joint Tenant (or Affidavit of Termination of Joint Tenancy). The affidavit notifies the world that you are the only remaining owner. You shouldn't need a deed unless there are complications you haven't mentioned. It would cost very little to have a lawyer look it over and confirm this or recommend a different course to settle the title. And, btw, selling real estate without either a lawyer or a title company involved is a terrible idea. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
