I am trying to clear title on my house to finally sell. My father( passed ) is on the title with me and the is no mention of his interest (if any ) in his will. The title co. is giving me problems with the wording on the title. What to do???? thx Dan
4 Answers from Attorneys
Most likely you need some kind of probate Court order. If dad's interest is less than $150k then a summary procedure should be available. It generally takes 6 weeks minimum so I encourage you to hire an experienced probate attorney asap. Good luck! -John
It depends on how you and your father held title. If you held as joint tenants, then you simply need to record an affidavit of death of joint tenant with a certified copy of his death certificate.
Both answers you have received are potentially correct, because you have not provided nearly enough information to answer your question. My guess is that if you and your father held title as joint tenants, the title company would not be giving you much trouble. They would or at least should be willing and able to assist you with preparing and recording an affidavit of death of joint tenant, and that would be the end of it. So that leads me to believe that you will have to do something in probate to deal with it. What you need to do and how to go about it, however, depend entirely on the rest of your dad's estate, his interest in the house, and the general terms of his will. Not specifically listing the house in the will does not mean the will does not govern what happens to it.
The bottom line is that you need to see a lawyer about this. It just is not something you can get dealt with in a free internet Q&A forum.
Mr. McCormick's answer is absolutely correct. You will need to consult with an attorney in your area to determine what needs to be done at this point.