“Information Bits from the Boss: Samantha provides brief answers to clients frequently asked questions”
What if they never re-deed the property after their death?
This question actually comes from a specific example where I was dealing with a client whose husband had passed away and the property was titled in husband’s name alone. Wife wanted to transfer the real estate to her children a few years after husband’s death. Husband actually passed away eleven years ago, so in that case, what we had to do is go back and probate the husband’s estate so that we could transfer that real estate titled in his name alone to the wife since under husband’s will everything went to the wife upon his death. Wife then owned 100% of the real estate and could transfer the real estate. Even if she wanted to sell the property, she first has to get the deed in her name in order to do that. It’s very important that you make sure when someone passes away that you’re taking an inventory of all the assets and how those assets are titled, so that you can ensure that these are done if they need to be. If you have additional questions, please contact our office.