Q: My father and his sister are both on the Deed to the home he lives in. She passed away how can he get deed, no will.
She didn't have a will and he wants it solely in his name, does he need to go through probate court and get a lawyer? Or is this something he can do himself. only surviving daughter isn't wanting the property
A:
He may not need to do anything. It depends on how they held title. If the Deed provides that dad and sister owned the property as "joint tenants with right of survivorship", then he became the sole owner by law when she died. There would be nothing to probate and no need to change title. If the words "joint tenants with right of survivorship" do not appear on the deed, he will most likely have to have his sister's estate administered through probate to pass the title to her interest in the property to her heirs. You should have a lawyer look at the deed to confirm this.
Once your dad is the sole owner, the next question is: what will happen to the property when he dies? He needs to make a plan.
Contact an experienced probate lawyer in your state to review the deed and give you and your father specific legal advice on your situation. Many offer free initial consultations.
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