I will assume that Dad is dead. He and Mom are both on the deed to the house. Did Dad leave a Will saying whats mine is yours or at least saying that his half of the house is now Moms? If yes, then you need to see the County Clerk to see how you remove Dads name.
If no Will then you need to talk to Probate. Usually what happens when there is no Will someone needs to be Administrator doing everything an Executor would do. The difference is the State determines who inherits. So Dads half of the house maybe split between Mom and any children he has. (Children can give up theur inheritance to Mom) You may need a lawyer eventually.
If the house is titled as JTWROS (Joint Tenants with Right of Survivorship), the house automatically becomes 100% owned by the surviving spouse. If it's titled as Tenants in Common, then half the house belongs to the surviving spouse, and the half of the deceased person goes to their survivors or who they specify in the will.
Not too many married couples own as house as tenants in common unless it's a second marriage for them and they have kids they'd want to leave their half to. In those cases, they usually set up the ownership in a way that allows the surviving spouse to live in the house as long as they want, then the house is sold and the proceeds split when they no longer live there or die.
Is there a reason why you feel the need to take this step preemptively? Have you been advised to do this by a professional, or are you thinking this is just something you should do?
is your ? about having the surviving spouse be only owner?? OR is this about removing both parents (both the now deceased and the surviving spouse) as owners from their home??
they are very very different legal structures as to paperwork. So which one is it? and are you 100% home is owned outright with no secured encumbrances? Like there is a Release of Deed of Trust filed at the courthouse when a mortgage or HELOC was paid off (could be done ages ago) or there are no judgements against the property. and did the deceased have a will? and what does will read as to whom is to inherit their (the deceased only not the surviving spouse’s) assets? or did they die without a will (aka intestate death)?
imo the answers to the above really sets what type of path you can attempt to get title changed correctly. So what’s what?
She's saying "after one parent dies" so I guess there is another? Our OPs of late are not filling in their question and they are not returning to respond. Curious, that.
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If no Will then you need to talk to Probate. Usually what happens when there is no Will someone needs to be Administrator doing everything an Executor would do. The difference is the State determines who inherits. So Dads half of the house maybe split between Mom and any children he has. (Children can give up theur inheritance to Mom) You may need a lawyer eventually.
Not too many married couples own as house as tenants in common unless it's a second marriage for them and they have kids they'd want to leave their half to. In those cases, they usually set up the ownership in a way that allows the surviving spouse to live in the house as long as they want, then the house is sold and the proceeds split when they no longer live there or die.
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is this about removing both parents (both the now deceased and the surviving spouse) as owners from their home??
they are very very different legal structures as to paperwork.
So which one is it?
and
are you 100% home is owned outright with no secured encumbrances? Like there is a Release of Deed of Trust filed at the courthouse when a mortgage or HELOC was paid off (could be done ages ago) or there are no judgements against the property.
and
did the deceased have a will?
and
what does will read as to whom is to inherit their (the deceased only not the surviving spouse’s) assets?
or did they die without a will (aka intestate death)?
imo the answers to the above really sets what type of path you can attempt to get title changed correctly. So what’s what?