Q: I have a client who's husband just died and I wanted to know how can she set the warranty deed under her name.
She wants to take out her husband's name out and only have it under her name.
A:
She needs to either probate his Will or have an intestate proceeding, such as Petition to Declare Heirship, etc.
I'd be happy to help if you/she needs it. Have her call me.
1 user found this answer helpful
A: She needs to address this issue through probate or filing an affidavit of heirship in the deed records. There are other things to consider, i.e. whether there were any children of his from outside the marriage, etc. She should consult with a probate attorney and typically most attorneys offer a 30 minute free consultation.
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