[NM] Can I file a quit claim deed if my deceased wife's name is on the original deed?
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In New Mexico, after a spouse's death, the surviving spouse can remove the deceased spouse's name from the deed by either recording a new deed or filing a survivorship affidavit.
If the property was held as joint tenants with right of survivorship or as community property with right of survivorship, the surviving spouse will automatically inherit the deceased spouse's share (NM Stat § 47-1-36). A survivorship affidavit can be used to record this transfer and remove the deceased spouse's name.
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I am a widower. I am completing a quit claim deed to my trust. My deceased wife is on the original deed. Can I file the quit claim without her signature? I have the death certificate.
I understand this must be a difficult time for you. Have you consulted with a probate attorney regarding the transfer of the property into your trust?
I am the sole survivor of my wife. I have no other family. I am giving everything to a friend by trust.
Do you have a copy of the original deed and the trust documents ready for review by the Estate Lawyer?
I do not have the deed, and the trust documents are unnotarized pending the quit claim from me to the trust.
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they'll be able to help with transferring the property into your trust.
I am asking the same question.
Thank you for choosing AskaLawyer! My name is Jessica and I am a licensed attorney that will be assisting you with your question.
I am so sorry for your loss. What state is the property located in?
NM
In New Mexico, after a spouse's death, the surviving spouse can remove the deceased spouse's name from the deed by either recording a new deed or filing a survivorship affidavit.
If the property was held as joint tenants with right of survivorship or as community property with right of survivorship, the surviving spouse will automatically inherit the deceased spouse's share (NM Stat § 47-1-36). A survivorship affidavit can be used to record this transfer and remove the deceased spouse's name.
Does the survivorship affidavit have to be executed before filing the quit claim from me to my trust?
Yes.
Thank you. Have a great day. Good bye.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
