Middletown, NY asked in Estate Planning, Real Estate Law and Probate for New York

Q: Title company found my moms maiden name on the title and she has since passed but I’m trying to sell it, what can I do?

My mom passed over a year ago and we had the deed set up as joint tenants with right of survivorship. The title company just notified me there is no evidence of her passing since she was married and her death certificate states my step dads last name. Is there any way to avoid probate and prove to the title company it is in fact her?

1 Lawyer Answer
Benjamin Z. Katz
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  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: A copy of the marriage certificate should be sufficient proof of the name change. This would require communication with the title company to determine what else is concerning it.

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