Q: my deceased mom didn't remove my predeceased dad from house title. How does it go from their JTWROS to me per her will?
My mom and dad owned their home JTWROS. My dad died in 1996 and never changed the title to her single name. She passed away in 2012. She had a will and we have probated her estate with the court last year. In her will, she left the home to me. How do I change the title on the house to my name, from my parents' name as JTWROS, especially since my father's name wasn't removed prior to her death?
A: Assuming the probate court issued an order declaring you as the new owner of the house (per the will), you simply need to file that order in the county where the property is located. Originally, your mother should have filed an Affidavit of Surviving Joint Tenant (with a death certificate attached) in the same county when your dad passed, but the point is moot if you've now got an order from the probate court declaring your mom and dad dead and transferring the property to you.
Richard Winblad agrees with this answer
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