How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102584
Experience:  Fully licensed attorney in Texas in private practice.
Type Your Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My wife passed away in Feb. Both our names were on the deed

This answer was rated:

My wife passed away in Feb. Both our names were on the deed to our home. Do I need to take action to have her's removed?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your loss. Can you please tell me if you both purchased/received the deeds at the same time, or, was one party put on the deed later than the other?

Also, was probate filed?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

We bought thr house together and signed all the papers. No probate has been filed.

Thank you, friend.

You and her were joint tenants on the property. This means that if one passes, their interest then is "absorbed" into the other's interest.

As such, lawfully, one in your situation likely now retains 100% interest to the property under doctrine.

The way to confirm this on paper is to file a death certificate with the Recorder of Deeds in the county where the property is located (the office may also be called "Official Records/Recording Services" or something similar), along with a quick form that the office should have that essentially moves the interest from under her name into yours and removes her name from title since she has now passed.

An attorney is recommended for this matter, but is not mandatory. May I recommend the FL Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck, and again, I am sorry for your loss.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely and 5 other Estate Law Specialists are ready to help you
Thank you for your gratuity.