It depends on the tenancy recited in the deed. If the deed recites that you will hold title as joint tenants with the right of survivorship then husband's interest will automatically pass to wife upon his death.
If the beneficiaries are in agreement and there are no debts remaining, yes. The estate can quit claim to the beneficiary.
You should contact your local district attorney immediately to arrange a meeting where you can show proof of your claim. If they are unwilling to help you then you should consult with a private attorney immediately.
if you have a deed in your possession can you claim it if the person is deceased Not necessarily. There may be other terms and conditions. Just possession of a deed doesn't mean sole ownership.
Quit claim deed.
If your husband's deceased former partner's name is still on the deed, it may complicate ownership of the property. It's important to review the legal status of the property, consult with a real estate attorney, and proceed according to the laws and guidelines in your jurisdiction to ensure proper ownership rights.
quit claim deed
They are not the same, a quit claim deed is a method of transferring rights to property. Joint owned is a form of ownership.
It is the deceased husband's name that needs to be removed from the deed. Contact the local court house to find out what you must do to claim the property in your name alone. Usually you can file a copy of the death certificate.
Both. The property would be in his estate and intestacy laws would apply.
It is called a quit claim deed. Once you have filed the quit claim deed, you no longer have a legal right to whatever the deed refers to. The only way to get it back is to have the current person with possesory interest and ownership to sign a quit claim deed in your favor.
Generally you don't need to remove the deceased joint owner's name from the property. You need only to record a death certificate in the land records and ask that it be referenced to the deed. Upon the death of your husband the full ownership of the property automatically passed to you.
your husband can file a quit claim deed for 50% of the property to you.