On a Deed Listing My Deceased Father or Myself as Owners, Can I Use the Death Certificate to Revise and Add My Grandson?

Based solely on the information provided, it is difficult to determine how title to the real estate was owned, or how it can be transferred going forward.

Specifically, the “or” language may be at issue.

Depending on the state where the property is located,  the use of the word ‘or’ might not be sufficient to create a joint tenancy with survivorship rights in and of itself.

One cannot simply tender a death certificate to the county records office to transfer ownership.

If state law does not permit the “or” language to create a survivorship right, then a probate estate should be opened and the property transferred according to the decedent’s Last Will and Testament or, in the absence of a Will, according to the state law of intestate succession.

After the probate court issues a deed to the proper beneficiary or heir, that person can add a grandchild to the deed as owner using a Quitclaim Deed.

For additional advice specific to these types of personal legal questions, Standard Legal always recommends you consult a qualified, licensed attorney; you can find a local attorney for FREE at http://www.StandardLegal.com/attorney-find.html.