Memphis, TN asked in Contracts, Estate Planning and Real Estate Law for Tennessee

Q: How can my husband remove his deceased sisters name from deed. Both are on deed

He's paid all taxes and upkeep for 15 years she passed 7 years ago. Can we even sale the home?

2 Lawyer Answers

A: Your question raises more questions. For instance, did the sister have a will; did she have children or a spouse; were her parents still living? He will need to speak to any attorney to help in regard to the ability to transfer the property. It's possible to work through but without doing anything, he will run into problems trying to sell.

A: The question can't be answered without reviewing the deed. Strictly speaking, once a deed is recorded, there is no "removing the name"- it's a public record and can't be changed. What you are really asking is what happened to the sister's ownership once she died. If the deed contained survivorship rights, her interest may have passed back to your husband. Or, if there was no survivorship, her interest passed on to her heirs ( which depends on whether she had a will or not). the first step is to have an experienced real estate lawyer review the deed.

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