California, MD asked in Elder Law, Estate Planning and Real Estate Law for Louisiana

Q: If two people own a home jointly 50% A and 50% B, and person B dies.Does the title need to be updated before sale?

If a couple owns a home jointly (person A owns 50% and person B owns 50%) and person B passes away does the title of the house needed to be updated to the sole beneficiary of person B before Person A can sell the home?

1 Lawyer Answer
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: In theory, no, because could just sell his or her 50% interest on his or her signature alone, but it is unlikely you will find a buyer who wants to co-own with the estate of B. Most likely you will need to have B's interest retitled in order to sell a 100% interest in the property to an interested buyer. Contact a probate attorney in your area for help getting B's interest retitled.

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