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Owner deceased

Posted on: 02nd Jun, 2011 11:58 am
My father just passed away. My father and mother's name were on the house's deed. She wants to remove his name out of the deed and leave only hers in the deep. But since she doesn't work and they were leaving from his retirement benefits, now she doesn't have money to removed his name and be able to sell the house to get money so she can buy a business and make a leaving out of it, since she used all her saving in the funeral. Is there any way that she can removed his name out of the deed without paying too much, or pay something she can afford without using a 3rd person for it?
If there is a mortgage on the home, the only way to remove a party is by selling or refianacing. People can be removed or added to title, but not on the loan. Have her list the home for sale and get out of it.
Posted on: 02nd Jun, 2011 01:15 pm
Hi babyfm!

Welcome to forums!

Your mother can remove your father's name from the property deed by filing an affidavit of heirship at the county recorder's office and get the property transferred in her name. However, if there is a mortgage, then she needs to refinance it in order to get the loan transferred in her name.

Feel free to ask if you've further queries.

Sussane
Posted on: 02nd Jun, 2011 08:57 pm
QUESTION - Without a will and after filling an affidavit of heirship with no children born and married for 50 years, can nieces to the deceased spouse inherit property from a surviving spouse in accordance with the Texas laws of descent without a will. The surviving spouse chooses to leave the property to her grandniece from her side of the family and fears that her nieces from her deceased husband may try to contest.
Posted on: 03rd Jun, 2011 10:57 pm
Hi corvettegirl,

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/about51720.html?p=211477#211477

Please take a look at it. I hope it will help you.

Thanks
Posted on: 06th Jun, 2011 11:18 pm
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