Skip to main content

Taking your late spouse off your deed (you can't do it)

The Lowell Registry of Deeds (Middlesex County, North) has a wonderful website that contains all sorts of great information. Richard Howe, the Register of Deeds, runs a tight ship and the Registry is very efficient and modern. One of the best parts of the Registry website is their blog. It's full of interesting things, some related to the Registry, and others just for fun. Here is a link to the Registry Blog: http://www.lowelldeeds.com/blog/

One of the most asked questions at the Registry is how to take one's late spouse "off the deed." This cannot be done, but it really bothers widows that their late husband's name is still on the deed; they think it needs to be changed. Here is the Registry's answer to that question:

"In Massachusetts, married couples almost always own their home as “tenants by the entirety” which is a type of joint ownership that carries with it a right of survivorship. As tenants by the entirety, each spouse owns the entire property subject only to the other spouse’s interest in the house. On the death of one spouse, the entire ownership remains in the survivor and the interest of the deceased spouse disappears.

To show this change in ownership in the records at the registry of deeds, the surviving spouse should record a death certificate of the deceased spouse. The registry will create a link between the deed showing the tenancy by the entirety and the death certificate. The two documents taken together show that ownership of the property resides solely with the surviving spouse.

The registry requires an original death certificate (i.e., not a photocopy) and the filing fee is $75 payable in cash or check (made payable to “Registry of Deeds”). The death certificate can be recorded by bringing it to the registry or by mailing it to the above address (if mailing, please include a self-addressed, stamped envelope so we can return the original to you).

We often receive calls from individuals who have just lost a spouse telling us that their insurer, bank or town assessor insists that the decedent’s name be “taken off the deed.” Such a request is often based on a misunderstanding of Massachusetts property law since nothing is ever taken “off a deed” and, in the case of spouses owning property as a tenants by the entirety, the surviving spouse automatically becomes the sole owner of the property so there is no need to create a new deed."

Comments

Popular posts from this blog

Clifton B. Kruse, Jr., Leading Elder Law Attorney, Dies at 74

Clifton B. Kruse , Jr., a revered elder law attorney who was admired as much for his kindness and generosity to fellow practitioners as for his grasp of the law, died December 30, 2008, in Colorado Springs, Colorado. He was 74. The cause was complications from Alzheimer's disease. For many in the field, Kruse set the standard for all that an elder law attorney can and should be. One of elder law's founding fathers, he combined a gentlemanly charm, warmth and caring with one of the sharpest and most ethical of legal minds. Wrote Arizona elder law attorney Robert Fleming in a tribute , "In my third of a century of elder law practice I have never met another lawyer who managed to pull together sophistication, heartfelt empathy, intellectual rigor and courtly manner in the same fashion Clifton Kruse projected. He did it, to all appearances, effortlessly. He was a friend and mentor to many in the elder law community (I count myself among those legions)." Kruse was the e...

Knee Surgery OK for Octogenarians

Knee replacement surgery can improve the quality of life even for very elderly patients, according to a study presented at the 2009 Annual Meeting of the American Academy of Orthopaedic Surgeons (AAOS) . The study found that patients in their 80s can benefit both physically and socially from knee replacement surgery, also called total knee arthroplasty (TKA), once thought too risky for the very elderly. “As patients are living longer, there is an upward trend in the demand for quality of life among the elderly population,” said Edsel Arandia, M.D., lead author of the study and an orthopaedic surgeon at Philippine Orthopaedic Center and a Fellow at Singapore General Hospital. “As patients age, debilitating diseases like arthritis of the knee begin to develop. We conducted this study to determine the viability of TKA in octogenarians and to learn whether their quality of life improves after TKA.” Dr. Arandia and his team reviewed data from 128 patients older than 80 years of age wh...

Harry's Law gets Medicaid Planning All Wrong

I usually enjoy David Kelley's crazy law-related television shows like Boston Legal and Harry's Law. They are great fun and often give some good portrayals of lawyers and legal issues. But, I'm always laughing at how a client comes in to the office in the morning and somehow they are in Court in the afternoon - sometimes with a jury there. It takes years to get into Court most of the time and at least several days to get a jury together and ready for a trial. But, I'll allow some literary license to TV to keep the story moving. But, I don't like it when they get the law completely wrong and especially when they have the lawyers participate in fraud. Last week's episode of Harry's Law got the Medicaid rules wrong, and put lawyers in a bad light. Let me explain. First, Kelley got Medicaid law all wrong. The couple in question only had a house and the husband needed nursing home care. The wife said she needed to get a divorce to save the house. This is wron...