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Can Mom transfer land with Dad's name still on the deed?

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Question:

My father passed away four years ago, and my mother wants to put the family home in my name and hers. But I just found out that after my mother became the sole owner at my father’s death, she never put the house into her own name. How can she make me a joint owner if my dad’s name is still on the deed with hers as a joint tenant?

Answer:

This is a common situation—after one spouse dies, the survivor often doesn't get around to officially changing the ownership. But it’s not too late. In most states, all the survivor needs to do is prepare a brief affidavit (a sworn statement, signed in front of a notary public) stating that the other joint owner has died. The statement is then recorded (filed) with the county land records office. In some states, even that simple step can be skipped, and the survivor is free to sign a new deed, transferring the property. Check with a local real estate or estate planning attorney to find out the practice where you live.

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