Dear David,

I am an 82-year-old female. My husband and I divorced a few years back, and I got our home in the settlement. The house had been in both our names. I asked my lawyer if there was anything I needed to do to put the house solely in my own name, and was told “the divorce decree is enough”. I am getting my affairs in order and my son is the executor of my estate. I want to make things as easy as possible for him when the time comes to take on this role. Was my lawyer right, or is there more paperwork I should do to ensure the house is in my name? –  CAUTIOUS

DEAR CAUTIOUS: The role of executor comes with great responsibility, and when it’s time for your son to take on this duty (hopefully in the distant future) I’m sure he will appreciate your forethought. 

I have walked many executors through real estate transactions over the course of my career, and have seen firsthand how a lack of preparation can complicate what should be a straightforward process. Recently, I assumed the role of executor following the passing of a family member. My relative had a legal will, but because it was not notarized, something as simple as canceling car insurance ended up taking months. In this case, the insurance company dragged its feet, continued to take payments out of her account, and made my role as executor quite difficult. The experience turned out to be a valuable lesson in the importance of crossing every “T” and dotting every “I” when it comes to your estate. If canceling car insurance was that complicated, imagine trying to prove that someone doesn’t own half your house.

As you get your affairs in order, I suggest meeting with your lawyer for a legal check-up. Update your will if you haven’t lately. Double-check that powers of attorney are in place for your property and personal care. And of course, have your lawyer change the ownership of your home so it’s solely in your name. 

I’m sure your lawyer is correct that your divorce decree is enough to establish ownership, but having the title in your name alone will make things easier down the line. When listing a house for sale on behalf of an estate, it’s somewhat common for one spouse on title to be pre-deceased. But following a divorce, a lack of clarity could create unwelcome obstacles for your son while he’s grieving a loss and has important obligations to fulfill. If there ends up being questions about the rightful owner of the home, he may be faced with something more complicated than simple probate and preparing the home for sale.

PRO TIP: Updating the title of your home will likely be money well spent. Regardless of whether or not you are survived by your ex-husband, removing his name from the title at this stage will alleviate confusion in the future. As I’ve often said, surround yourself with professionals. This is a great time to ask your lawyer for updated legal advice. #Advice #AskDavid #TheNegotiator

David is a top-selling Broker in Kitchener-Waterloo Region. He works personally with you when selling or buying your home. Call or text today for your free home evaluation! 519-577-1212.