I often have clients who have loss a spouse and want to know how to handle the Deed held in both names. Generally, married couples hold property as Tenancy By The Entireties. This just means that when one spouse dies, the surviving spouse becomes the full owner of the property. Technically, nothing has to be done as pertains to the Deed. By operation of law, the surviving spouse is the owner.
However, many clients do prefer to remove the name of the decease spouse. When it comes time to sell or transfer the property, there is no need to explain the status of the other name on the Deed, which generally requires the production of a death certificate.
So, make sure all your Deeds are in order and have the names of only those who are currently living. Contact us at http://www.ythlaw.com/ for expert estate planning, probate and elder law needs.
However, many clients do prefer to remove the name of the decease spouse. When it comes time to sell or transfer the property, there is no need to explain the status of the other name on the Deed, which generally requires the production of a death certificate.
So, make sure all your Deeds are in order and have the names of only those who are currently living. Contact us at http://www.ythlaw.com/ for expert estate planning, probate and elder law needs.
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