Lincoln, NE asked in Real Estate Law, Elder Law, Estate Planning and Probate for Nebraska

Q: What are the steps to getting your name added to a house title in Lincoln Nebraska? Brother had mom's name removed.

My dad passed, my brother removed mom's name so he's the only person on the title. My mother is elderly and she said she didn't know. I was never consulted and found out by looking at the county records. My bother said I can be put on the title but I don't know where to start.

1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: If you are implying that there may have been some type of fraud in removing the mother's name and adding the brother's name to the title, then that needs to be looked into and corrected if necessary first before participating in the brother's willingness to add another name to the title. For real property, added and removing names of the title generally has the effect of adding and removing ownership in the real property. This is not to be taken lightly. If there is fraud in one transaction, it can invalidate a later transaction, especially if the person being granted the property (having their name added to the title) knew about the potential fraud. You really need to get with an attorney to get this all straightened out or you could end up costing yourself a lot more in attorney fees down the road if you end up with a contested title.

If there is no mortgage, then generally the process of transferring title involves a quit claim deed and paperwork at the register of deeds. If there is a mortgage, the ability to transfer title may be limited and may require refinancing of the property. Further, transferring title can result in tax consequences.

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