Eatontown, NJ asked in Estate Planning and Family Law for Florida

Q: i added my son to my home deed about 10 years ago

i would like to remove him ...can it be done?

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3 Lawyer Answers
Nina Whitehurst
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Answered

A: Removing him from the deed will require his signatures. This is exactly why I advise my clients never to “add” children to their deeds. This is a classic do-it-yourself estate planning mistake that might conceivably cost you way more than you would have spent on proper estate planning. If your son refuses to sign you have a lawsuit on your hands that could cost tens of thousands of dollars with no guarantee of success.

Marc J. Soss
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Answered

A: You will need to have him sign a new deed that removes him from the title to the property.

A: It depends. If you used an enhanced life estate deed or deed that was otherwise revocable, you may be able to remove him. If you simply signed a deed changing ownership to include him, you need his signature on a new deed to get the property in your name alone. Whatever you do, please hire an attorney to help you. People file things in the deed records with good intentions but without realizing the legal consequences of it and accidentally can create a mess that costs a lot of money to fix.

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