Is it legally necessary to have deceased spouse's name removed from deed to home?

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Wife has died and husband is in nursing home with alzheimer's. Lawyer wants to charge $200 to have deceased removed from deed to home. Why?

Attorney Answers

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Theodore Robinson ·
If the deed was originally in both husband and wife's name together as tenants by the entirety, then the deed automatically reverts to the remaining spouse. Are you sure that there isn't another reason for wanting to convey the deed to another party, such as being in a nursing home? You may want to check on the issue with another lawyer just to make sure if its necessary and how much it would cost to get done. Good luck.
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Janet Brewer ·
If you want to sell the house, you will need the signatures of everyone whose names are on the deed ... and that will be impossible to do, since the wife is deceased. It sounds like the lawyer is merely clearing up title so that a sale won't be unnecessarily delayed. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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