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Yes. In order to avoid probate a joint ownership with the right of survivorship can be created in a deed. Your parents can execute a deed that conveys their property to themselves and you as joint tenants with the right of survivorship. That way when one owner dies their interest passes automatically to the surviving owners, bypassing probate.

However, adding that other name makes the property vulnerable to that person's creditors. You should consult with an attorney who can review your situation, explain your options and also explain the consequences of adding someone else to a deed as a joint owner.

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14y ago
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6y ago

Yes. In order to avoid probate a joint ownership with the right of survivorship can be created in a deed. Your parents can execute a deed that conveys their property to themselves and you as joint tenants with the right of survivorship. That way when one owner dies their interest passes automatically to the surviving owners, bypassing probate.
However, adding that other name makes the property vulnerable to that person's creditors. You should consult with an attorney who can review your situation, explain your options and also explain the consequences of adding someone else to a deed as a joint owner.

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8y ago

No. However, some states allow an Enhanced Life Estate Deed or a Transfer on Death Deed whereby the transfer from the deceased would become effective only on death.

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Q: Can your name be added on your parents deed just in case of death?
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If you are not on the mortgage can you be on the deed so in case of death of owner the house become yours?

tony


What is the effect of filing cancellation of deed?

You cannot cancel a deed unless it is a deed that was executed in a state that allows transfer on death deeds. In that case you should consult an attorney to determine how to file a proper revocation.


Can other heirs take a home if your name is on the deed?

You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.


Can your parent's home be sold if they have a survivorship deed and both are still living?

No, the property cannot be sold without the consent of both parents on the survivorship deed. The survivorship deed means that the property automatically passes to the surviving parent upon the other's death, but both parents must agree to any sale during their lifetimes.


What is the responsibility of the remaindermen of a property with deed transfer with retained life estate when the parent wants to move so the sale occurs before death?

All the parties must sign the deed as grantors: the parents and the remaindermen.


Can you take out a home equity loan on a house if you are not on the first mortgage but are on the deed with your parents?

Yes but your parents being on the deed will have to also sign.


After the quitclaim deed is recorded what do you do to get the actual deed?

At most land record offices the deed will be mailed to you after it has been imaged and added to their records.


How long does it take to have a name added to the deed to your house?

As long as it takes for you to draft a new deed and record it.


You are on your parents deed can they take you off without your signiture?

No. You are a co-owner of the property. The only way your interest can be transferred back to your parents is by your executing a quitclaim deed.


How do I removed Deceased husbands name on our quitclaim mineral rights deed in Montana?

A person's name is generally removed by "conveyance" of a new quitclaim deed, signed by all parties to the initial deed, naming the remaining parties as grantees. In case of a death, the decedent's estate representatives would have the power to sign, and the local rules may require registration (or reference to) the probate and death certificate.


Parents made you a deed for property at their death later a cemetery was put on property mother dies now father wants a deed exclusion for cemetery and right a way What is your rights can he force th?

If your parents owned the property as joint tenants with the right of survivorship your father became the sole owner upon the death of your mother.It sounds as though you may be referring to a 'transfer on death deed' which is legal in certain states. If that is so, the transfer to you will become effective only after your father's death. Until then, you have no rights in the property. Your father can continue to manage his property as he sees fit and can revoke the TODD or record a new one naming a new grantee at any time prior to his death.


In the event of death of parents who needs a deed of trust?

You need to have a deed of trust in the event that you die. Therefore if you want to leave people things or give people the power over your assets it will be taken care of. If you have one of these there won't be any confusion in the family as to who has what.