How do we remove an ex-spouse name from a deed (divorce decree is complete and they have no interest) in order to sell house?

Have the step mom transfer title through a Special Warranty deed of her interest to you and your brother as the beneficiaries of the will if the two of you are the beneficiaries of the Will)l. Then you probate the Last Will and Testament. As the Executor, you may transfer title of all interests in compliance with the Last Will and Testament.

I think you should talk to probate law and real estate law attorneys, but I think step-mother needs to do a deed to your late father and then it needs to go through his estate to you and your brother. It sounds like a possible shortcut for step-mother to convey it to you and your brother, but I do not believe legally it is correct though there certainly is no one living to complain legally, except your father's estate through its executor or any claimant's against your father's estate.

I would suggest that you begin by searching the deed records. Divorce decrees can be filed there as a muniment of title (meaning a decree that transfers ownership to the ordered individual(s)); however, the specific language of the order will control what happens. For example, if the order requires that one party issue a deed to the other, then that is what is required. Conversely, if the order providers that it acts as a muniment of title, then it could be recorded in the deed records. That being said, consult with a probate lawyer who will help you sort this out. Best wishes and condolences on your loss.

Quit Claim is not the way to solve your issue. You need an attorney to review the divorce decree and deed records. If she will sign a Special Warranty Deed, that would certainly speed up the process, but you still will have to deal with your father's ownership. Consult a probate attorney.

I am so sorry for your family's loss. I know these issues are especially difficult to resolve when all of the family lives out of state. Most often when I'm dealing with this, the question involves an ex-spouse who the family either can't locate or won't cooperate. In that case, I typically file a certified copy of the divorce decree in the real property records to show the ownership of the property belongs in the estate and let the executor transfer the property according to the will. You most likely also have that option in this case. I would speak to a local title company in the city where the house is located and a lawyer there who specializes in real estate and probate law to see if it would help the sale of the house to go more smoothly if you recorded the decree or if you had your stepmother sign a special warranty deed.