None of us want to be in the position of having to answer the question of how to handle business affairs when our spouse passes away. It goes without saying that the death of a loved one becomes a major force in our emotional and even physical wellbeing. Still, there will be matters to attend to after losing a spouse that can sometimes be the source of a fair amount of consternation.
One common area of concern for clients of real estate lawyers is how to handle a deed that has the name of a spouse that has recently passed away. “Does the deed need to be changed?”, is a common question asked of real estate lawyers in Massachusetts. The point of this article is to describe the basic steps required to clarify the status of names on a deed after a loved one passes.
Deeds for Recorded Land
First, recorded land is the most common type of land recording in Massachusetts. Recorded land is land which has been accepted by the Registry of Deeds based upon the land meeting certain recording requirements. If your property falls within the recording system located within the Registry of Deeds, and your spouse passes away, you or your attorney will simply need to record the death certificate along with a notation of the book and page of the deed that you both held together referenced on the death certificate.
Deeds for Registered Land
Registered land is property which is overseen by the Land Court in Massachusetts. Registered land is typically land that has undergone some sort of boundary dispute or ownership dispute and as a result has been subjected to a rigorous review of ownership, boundary lines, and other factors. Once these matters have been satisfactorily resolved, the land becomes registered in the Land Court and is effectively beyond further dispute. If your property is registered with the Land Court of Massachusetts you will file both the death certificate of the deceased spouse as well as an affidavit explaining the fact that you were both married up until the time of your spouse’s death. In addition, both documents filed with the Land Court must contain a certificate of title reference.
Focus on the Future
Among the many aspects of your personal life that you will need to attend to following the death of a spouse, worrying about your deed and how to handle property issues need not take center stage. Knowing what to file, or working with an attorney to file the necessary documents is an easy way to meet the recording requirements in Massachusetts that will arise upon the death of a spouse.
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