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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36946
Experience:  30 years in civil, probate, real estate, elder law
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I WAS WILLED PROPERTY BUT LISTED AS THE ESTATE OF THE

Customer Question

I WAS WILLED PROPERTY BUT I AM ALWAYS LISTED AS THE ESTATE OF THE DECEASED. WHAT CAN I DO TO REMOVE HER NAME? SHE PASSED AWAY SEPTEMBER 28, 2008.
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. Ray here to help you.

You will need to make application for probate.You are appointed executor.As executor you pay claims, taxes, and then the property is deeded by you as executor to yourself individually to complete probate.This is called a fiduciary deed and again it is completed as part of probate administration here.

You will need a local probate lawyer to make application, appear with you in front of the judge, and prepare the fiduciary deed.Once the deed is recorded here then you have clear title.The problem here it sounds like probate was not filed and the deed not recorded as part of that.

I appreciate the chance to help you today.Please let me know if you have more follow up.;Thanks again.

Expert:  Ray replied 11 months ago.
Expert:  Ray replied 11 months ago.

Fiduciary deed explained..

http://definitions.uslegal.com/f/fiduciary-deed/

You just need to make application and probate the will and then a fiduciary deed to give you legal title in your name.The lawyer can help you with all of this.Thanks again.

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