[NM] Can I file a quit claim deed if my deceased wife’s name is on the original deed?
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.
15
5
Solved
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.
0
Affidavit of Survivorship
Create Document
Full Conversation
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.
Lexi, Chatbot
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.
Lexi, Chatbot
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.
Lexi, Chatbot
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.
Jessica B
Thank you for choosing AskaLawyer! My name is Jessica and I am a licensed attorney that will be assisting you with your question.
Jessica B
I am so sorry for your loss. What state is the property located in?
NM
Jessica B
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?
Jessica B
Yes.
Thank you. Have a great day. Good bye.
Jessica B
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
Jessica B
29,480 satisfied customers
5 lawyers online now
Disclaimer
By messaging AskaLawyer.com, you agree to ourĀ Terms and have read ourĀ Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
