How to change deed of house Mom left to me in will- I am Executor and sole heir?

I just read your reply concerning the taxes coming in Dads name. You need to find out whose name is on the deed? In NJ, tax bills come with the names of both people on the deed. My DH owned the house when we married. So the tax bills were in his name only. When he added me to the deed, the tax bill now shows my name too.

If you find the deed is in Dads name, you may want to find out if Mom probated his will. When it reads "mine is yours" Probate may not be needed. So then you may need to find Dads Will saying that whats his is Moms. At that point, Mom should have had Dad's name removed and hers put on the deed.

In NJ, you can't Probate until something like 10 days after a death. My Mom had no debts so Probate did not require me to post anything in the paper. Probate cannot be closed for 8 months in NJ. This gives creditors time to get bills in and leans placed. If no one comes forward, then Probate can be closed. Once closed, those creditors making claims after the fact lose out.

My GF called every doctor who had seen her Dad in the last days of his life. Ask that any bills they had needed to be submitted for payment because she was in probate. She paid the ones submitted. Closed Probate after time allowed only to get a bill. I think she paid it but she didn't have to. That Dr. had long enough to submit that bill.

I just read Igloo's post and agree with researching the title. If this was me, I would just pay a Title company to do the work. And I do think finding Dads Will would help clear things up.

Please Give yourself time to grieve for your loss. Plus You do want to wait a bit - maybe 3-6 mos- to see what bills possibly come in that she died owing. If so, make sure they are valid. They can become debts against her estate, which has her home as an asset of the Estate. On the “valid”, there’s lots of death notices / obit scoundrels out there.... like mom gets a post death a $800 bill for pest control, as they know there’s a home from a courthouse data search and pest control isn’t something that can be verified like a new roof or new fence can be. There’s likely to be bills, like credit card debt, utilities, and all are debts against her estate; and whether this matters imo very interdependent on your state probate laws.

BUT I’d actually be a bit more worried about “clouds” on the title.
If it’s - as you posted - that the current property tax bill still has your deceased dads name on it, and not just only your moms name on it, I’ll guess that there is a glitch or “clouds” in the existing title. Property is still legally his. If dads death was just few weeks ahead of mom, maybe not. But if it’s been over a year or years since his death, the title will be hinky to easily move into your name. It’s not recorded by tax assessor/ tax collector to be moms property, if it’s still in his name on the bill. It has to exit his name to record to hers and then from hers to you if you are her only heir as per her valid will; and personally I don't think this is a DIY project in normal times much less now when courthouses are operating with Covid-19 concerns.

Imo to help determine how much of a problem this might be, I’d suggest for you to find out what the legal chain is on the property and this part you can DIY. If you have the old tax bill, there will be a PPIN or parcel # on the bill. Those are important and that is how the info on property is recorded in city, county, state database. Most places have it where you can surf on-line to find each document attached to the property. The list is by date of filing with a bit of a descriptive..... like #1012.345.009 WD 7.07.2005, so that’s the document # , WD = Warranty Deed, and date filed. And then you pay inexpensive fee ($5 - $10) to download these. The important ones are Warranty Deed and the Release of Deed of Trust, anything mentioning “egress”, anything that’s “securitized”. You will need these to show the property is unencumbered so there is no mortgage or other secured lending or items that legally change property description. If there was a second mortgage, or a HELOC, those too will have a Deed or Securitized Debt filed and a Release for them. In some places, major work on the property will need work order filed and then work completed filed as well so there there’s no worry on a workmans lien lingering around.

Then depending what you find out, what to do next, to me, depends on just what your plan is on the property. If your going to keep it, id suggest you hire a probate atty to do the various filings needed. If your going to sell it, I’d speak with a couple of Realtors and pick the one you feel best with and they will have Title companies they work with to shepherd what’s needed to get it sold and get thru clouds.

and as others have said, get several death certificates for both dad and mom. In my experience, you need an original death certificate for every account in a name. Rarely do utility co, or CC companies ever give them back.

Was mom on Medicaid? If so, whole other set of issues to deal with.

Thanks.Looking at that and other suggestions people nice to reply with.I put out the question as that is the major issue when I get over my Mom passing and some time goes by.Thanks for your info.

George, I'm not familiar with NY law and don't know anything about any "automatic" transfers it might address. But I would think a Will would take priority, UNLESS someone died w/o a will, then state laws on what's known as intestacy would come into effect. These establish who would get what if someone dies w/o a will.

What does the deed provide for? How is it titled? In your mother's name with you as a joint tenant with survivorship rights?

I'm not sure what you mean that your mother has paid taxes with your father's name on the "owner's line.. Do you mean the tax bill shows your father as owner?

Before you consider an attorney, answering the questions above would help sort out what the situation is and save some money if you do need an attorney.

I wonder if a title company could help here. The Will says you inherit, so its just a matter of transferring the title. Call your County clerk. The deed is on file with the County. Ask the clerk how do u proceed. I wouldn't consult a lawyer till I went thru the channels first.

Yes, best to contact an attorney who is familiar with property transfer or estate laws in NY.