John T-widow's house deed?

John, I was having a conversation with my sister in law tonight. She is a widow for the last 2 years now and she wanted to know if she should have the names on her house deed changed to just her name. As of now both her and her late husband's name are on the deed. The will they had gave it to the other partner if one died. I didn't know what to tell her for sure so am looking for some opinions. She lives in MN. if that should make a difference. If she doesn't sell it I wouldn't think it would make any difference and if she leaves it to somebody else when she passes it might not matter either? Thanks.

Pay a lawyer to answer the question for you. Best advice I can give you..there could be tax implications. Also if there are children, might be questions there also.

4 kids. She didn't say who gets it after she passes.

Its usually a good idea to make the change, if only to tidy things up for her heirs when she passes. There shouldn't be any tax implications. If it was in Washington, it would be a pretty easy matter to get it in her name, but Washington is a "community property" state, and I don't think Minnesota is.

She needs to talk to a lawyer.

I am not a lawyer, but like everyone else have an opinion.
This should have been done when the will was run through probate court. It is part of the process, court documents should have ordered the current ownership.
As far as the kids are concerned, if she doesn't have a will it will be divided among the survivers according to state laws.
A couple years ago I bought a vehicle from a widow, both names were on the title & it still showed a loan against it.
Had two big problems.
Original loan company no longer exists. Had to track down what company had bought out the original. More dumb luck than good sense, they had some old letterheads in the back room & could fill in the info of when the loan had been paid off.
To get title I had to get an obituary notice from old copies of local newspaper showing that the husband had beed dead for over 12 years.
Lots of people falsely believe that a will eliminates going through probate. It eliminates the long battles, but tells the judge what the deceased wants done with the property. The judge then signs off as approved.
Willie

Talk to a lawyer that handles this. She should also have a will drawn up before she passes on. My sister had this done before she died as my brother's fifth wife tried to get the home. My nephew has the home that my late mom and dad bought when they quit farming. Hal

Go to a lawyer. She needs a revocable will and a trust if she has assets. That will clear up any ambiguity in the coming years as to who owns what and when. The lawyer will make necessary changes to the title, the will, and trust to reflect the ownership. He will register the new deed with the county identifying the current owner. It makes ownership accurate and more timely than letting a judge decide later on.

Mornin MSD, you say you are "looking for some opinions" and that"s a good thing, HOWEVER whatever you do, please

1) LOOK ONLY FOR TRAINED PROFESSIONAL LOCAL ATTORNEY OPINIONS on such matters, not untrained lay opinions which may be right or may be wrong as rain and on valuable real estate ITS NOT WORTH IT to take a risk CONSULT A PROFESSIONAL !!!!!!!!!!!!!!!!!!!!!!!! A new deed is relatively inexpensive ya know

I practice property law and probate in INDIANA so I"m unfamiliar with Minnesota, and with all that being said, its my still professional albeit NOT Minnesota trained LEGAL OPINION that I agree with my fellow attorney Mike CONSULT A LOCAL REAL ESTATE ATTORNEY

If this were for a client of mine in Indiana, here"s my professional attorneys advice:

If title is in the name of Mom n Dad as HUSBAND AND WIFE such is Tenancy by the Entirity which is similar to Joint Tenants with Rights of Survivorship MEANING TITLE IS NOW HERS AND HERS ALONE and there"s no need for another deed placing it in her name alone as ITS ALREADY HERS AND HERS ALONE (when hubby died)........When I draft a new deed for a widow whose husband has died, all I do (for an improved chain of title for title insurance companies) is place on the face of the deed an "Affidavit of Survivorship". That sort of takes the place of having to do the new deed you asked about ITS NOT NEEDED and the short sweet simple Affidavit of Survivorship covers it just fine in Indiana.

HOWEVER as co counsel Mike noted it cleans things up and makes it easier for future owners and title insurance companies to go ahead and do that new cheap simple deed if it makes her feel better (although its NOT required by law in Indiana and something I normally wouldn"t do, unless the client just wanted it)

2) If title already passed by "operation of law" (Tenancy by the Entitiry/Joint title with right of survivorship like in Indiana) SUCH TRUMPS A WILL and its a NON PROBATE TRANSFER and that Will provision wasn"t even used, but that dont mean it shouldnt be in there, it doesnt hurt it was in a Will just in case

Soooooooooooo its already hers legally when hubby died if in Indiana and here no new deed is required, just an Affidaviot of Survivorship at such time a new deed to someone other then herself issues........

Nowwwwwww see why you need a local Minnesota trained professional attorneys opinion, NOT untrained lay opinions !!!!!!!!!!!!!! Just because something worked in Billy Bob or Bubbas case doesn"t mean its right for the widow SO BEWARE OF LAY OPINIONS and don"t hang her hat on such

PS There are several things Id advise her to do now as part of estate planning in Indiana (regarding the future of the property) which is yet another reason to consult a trained professional.

Sorry I couldn"t help in Minnesota, but did tell you how Id handle it in Indiana.....Id also deal with the property NOW using methods OTHER THEN A WILL so that"s the real question in my opinion, NOT if a new deed is needed BUT what she wants done with the property when she passes and what to do for Medicare/Medicaid and Tax purposes and advantages which is certainly NOT a question for non professionals and NOT me when it comes to Tax grrrrrrrrrrrrrrr

Best wishes n God Bless yall

John T BSEE, JD Attorney at Law in Indiana

If no Will it would pass by the laws of intestate succession and go to all 4 kids equally most likely

John T

My Grandmother had a simple will devid everything equally between all six kids. What a mess one uncle owed the estate some $60,000 or so it took over six months for the judge to decide how to take care of it. Best thing is to just say let the kids devid as they want to then set back and watch the fun.my brother died with 3 girls no will they are having fun and have no idea what he owns two large safes with expensive guns. A large collection of glass paper weight some worth over $1000. I told them about the silverware set they their grandmother had the had no idea wher it was.
I'm glad I live up here in Oregon so I don't have to help with the fights.
Funny story one of the girls took his big very expensive travel trailer to a dealer and sold it. She noticed that they didn't account for the 110 power converter under the trailer so she crawled under and took it off.
Walt

Yep when mom or dad pass away, and there's money involved, THEY ALL CRAWL OUT OF THE WOORDWORK AND THE FAMILY FEUD BEGINS LOL I settle estates in my practice and I've seen that so many times, kinda sad.

John T

I have a friend who was married to a woman for over 30 years, she died first leaving him the house and I think 60ac.(still in her and her dead first husbands name) Her and their kids waited the three years after her death and filed against moms estate. He had never put the place in his name,apparently he had three years to do that. He is now paying a mortgage again for the house they paid off twenty years ago. Spend a hundred bucks and see an attorney.

Thanks John and others. She asked me that question last night and I wasn't sure what to tell her so I said I will see what the boys have to say about it. She had the will with her husband set up so it was left to the survivor and I don't think she knows if the actual deed was worded as such as to cause it to be hers upon his death. She was going to get professional advice about it but I thought it would be an interesting topic. She wouldn't say what happens to it when she goes so the kids might have to work that out themselves.