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.
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.
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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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.
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.
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.
All the parties must sign the deed as grantors: the parents and the remaindermen.
Yes but your parents being on the deed will have to also sign.
At most land record offices the deed will be mailed to you after it has been imaged and added to their records.
As long as it takes for you to draft a new deed and record it.
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.
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.
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.
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.