Wills

Can the executrix put their name on the deed only if all 8 children are named in the will?

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2013-08-02 04:06:27
2013-08-02 04:06:27

An executrix must carry out the wishes of the deceased. If any of the eight children were excluded by the deceased from inheriting a piece of property she cannot put his or her name on the deed for it.

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The executrix owes nothing to anyone. The estate is distributed according to the will or the law. In some cases the law may make exceptions to the will, particularly if the children are minors.


The duty of the executrix is to carry out the wishes of the testator. What does the will say about the house? Was the house in the deceased's name only or were there other names on the deed? In that case, the house passes by the deed, not the will. In any event, you cannot sell the house if the testatrix did not authorize you to do so in the will without going to court and proposing the sale, giving the terms, and letting the judge approve it. The daughters may oppose the sale, of course.


If your mother's will named you as an heir, and she owned the house, then you would be an heir to the house (which has a deed in her name). If she had no will, then your state laws would almost always give a share of the house to any surviving children, again with only her name on the deed. If she and someone else had a joint tenancy deed, then her will (and the state laws of intestacy) have nothing to do with it, and it automatically becomes owned by the remaining survivors of the joint tenancy. If she is the final survivor, see above, as she had become the full owner.




If your name is on the deed then you own the property. You do not need to be married to own property. If two people are named on the deed they each own a 50% interest in the property and each have the right to the use and possession of the whole property.


No. If your name is not on the deed then you have no ownership and thus no equity.No. If your name is not on the deed then you have no ownership and thus no equity.No. If your name is not on the deed then you have no ownership and thus no equity.No. If your name is not on the deed then you have no ownership and thus no equity.


The deed/title to any property determines the legal ownership, not the mortgage. If you are not named on the deed to the property, you have no "automatic" ownership rights.


The person(s) who owns the property is the grantor. The person who is purchasing the property is the person named as the grantee in the deed. The grantee is the new owner.


How do you add a name to a deed


That will depend on the names on the property deed or registration. If we are talking about gifts of electronics or other items, there is none. If it is a piece of real property (land or house), the deed will control. If the only name on the deed is that of the deceased, the adult children have no say and the deceased can do what they wish with it.



by their parents last name.


If your name is on the deed then you own the property as long as the deed is valid and properly recorded in the land records.


No, when a person dies their name must be removed (and if there is a new owner their name must be added).


No. In order to be the owner of real property you must be named as grantee on the deed. If your name is on the mortgage but not on the deed you have obligated yourself to pay for real property you do not own. If the primary borrower defaults the lender will go after you for full payment of the mortgage yet you do not own the property.


If you mean the parents have deeded or willed the property to the person who will become the executrix, then, yes it is legal and not unusual, absent evidence of wrongful persuasion or the like.


Check with your local recorder. But, probably you'll need the death certificate and a notation "with right of survival" with your name on the present deed. Either that, or be named on the will as the owner.AnswerIf you inherited the property, the estate must be probated in order for legal title to pass to you. If you want to have a new deed drafted in your name you need to consult with an attorney who can draft a proper deed for your jurisdiction and make certain the title is clear and in your name.


If the surviving spouse's name is on the deed of the house, the house will automatically transfer to them. If the spouse is named in a will, the house will go to the named person.


removing husband from home when name is not on the deed?


Visit the local land records office and ask the staff to help you locate the current deed for the premises. If your name is on the deed your name will appear in the records.



A spouse cannot remove your name from a deed. That must be done by a court or by your signing a deed voluntarily transferring your interest to him.A spouse cannot remove your name from a deed. That must be done by a court or by your signing a deed voluntarily transferring your interest to him.A spouse cannot remove your name from a deed. That must be done by a court or by your signing a deed voluntarily transferring your interest to him.A spouse cannot remove your name from a deed. That must be done by a court or by your signing a deed voluntarily transferring your interest to him.


his son was named Diego and Ferdinand


You can't unless it is your own name you want to "remove". If there was another grantee on your deed then they must convey their interest by deed.



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