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Thanks for this! Amy
Grace, Mary Jane wrote:
> The following is from the Listers Handbook section entitled 
> "Determining Who the Owner Is"
> We are often asked if it's okay to change the name when one owner dies 
> and a certified copy of the
> death certificate is of record. In cases when the property was held in 
> joint tenancy, including by the
> entireties, ownership is necessarily changed by the death of the joint 
> owner. In such cases, ownership
> is not vested in the estate of the deceased, rather the transfer is 
> automatic and without necessity of
> probate. If you are not sure, consult your town attorney.
> Do not make changes without written documentation in your land records 
> to back you up.
> Sometimes a lister will be asked to list a building to other than the 
> owner of the underlying land. For
> instance, a son or daughter might build a house on the parents’ land 
> and then ask that the house be
> listed separately to the child. Absent some written instrument 
> conveying the house to the child being
> recorded in the town office, the listers should treat the house as a 
> part of the parcel on which it is
> situated. Another situation that often occurs . . . you get a phone 
> call indicating someone has died, or
> informing you of a name change. This is not sufficient to make a 
> change on your grand list. You must
> have something recorded in your town records, such as a death 
> certificate or a name change notice as
> provided in 27 V.S.A. §350.
> Hope this is helpful.
> Mary Jane Grace, Program Technician
> Property Valuation and Review Division
> Vermont Dept. of Taxes
> 802-828-5863
> -----Original Message-----
> From: Vermont Municipal Government Discussion Network 
> [mailto:[log in to unmask]] On Behalf Of Huntington Town Clerk - 
> Heidi Racht
> Sent: Thursday, August 27, 2009 9:31 AM
> To: [log in to unmask]
> Subject: removal of deceased spouse from property
> Hello Clerks,
> One of our listers just asked me about how to remove a deceased husband
> from the property.
> I have been told two different things regarding the removal of a
> deceased spouse from a deed.
> 1. death certificate has to be recorded
> 2. death certificate does not have to be recorded since under Vermont
> law it is automatic.
> Can someone please tell me how a widow can easily get her property
> changed to her name only?
> Also, can the tax bill (and listers' record) have just one name while
> the deed remains unchanged?
> Thanks, in advance, for your help.
> Heidi Racht
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