Expert: Cinzia Dalgarno - 2/11/2010

Question
My dad and brother own property in Matheson Ontario. Both names are listed on the deed.  My dad passed away recently and we were wondering what we need to do, if anything, to have my dad removed from ownership.

Answer
Hello Kathy. My condolences on your Dad's passing.
I would suggest you contact a canadian real estate lawyer regarding this issue. You will want to have your Dad's death certificate handy, as they will need that, and it is they who will register the transfer document, taking your Dad off title. How the process goes will in part depend on how your Dad and your brother were registered - as joint tenants, or tenants in common. If they were registered as joint tenants, then I believe the property goes directly to your brother, upon your Dad's death. If they were registered as tenants in common, that means that they each owned a portion (1/2 each, unless otherwise specified) of the home, separately. In that case, your Dad's 1/2 goes to whomever he left it to, in his will.
As well, you are not clear as to whether your Dad and your brother both live in the U.S.; if that is indeed the case, I am unfamiliar with U.S. policy as to how to deal with the estate of a deceased person - and would suggest you also contact a U.S. lawyer, as the property in question may be need to go through probate, before anything further is done.
I'm sorry this is not more helpful - this is really an issue that needs to be discussed with lawyers, rather than myself. The canadian real estate lawyer will be best able to help you deal with any tax issues that may arise from the transfer of the property to whomever it is going to be transferred to. The U.S. lawyer, assuming you are all American, will be helpful with the estate, in general.

Warm regards,
Cinzia