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Do you have to go through probate if your wife is on the deed but not the loan and the husband dies?
Wiki User
∙ 13y ago
If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.
If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.
If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.
If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoIf the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.
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If husband dies do you need a new deed put in my name?
Sure why whouldn't you? Say you didn't murder your husband? Did you? it first needs to go through probate.
How do you transfer a deed when a parent dies without a will in Texas?
You open an estate with the probate court. The executor of the estate can issue the deed to those who inherit.
Will the house go into probate if one spouse dies and both names are on it with a mortgage?
It will not go into probate if the house was purchased by them as husband and wife as tenants by the entirety or as joint tenants. Both spouses own whole interest together so that when one person dies the survivor becomes the sole owner. The deed does not even have to be changed.
If your husband dies and his car is titled in his name does the wife get it automatically or what happens?
It depends what his will says. If he dies without a will then it depends on the laws of intestacy where you live. In most states it will have to go through probate. It may be sold during probate to pay for outstanding debts or to satisfy taxes.
What happens to a home if you are not on the loan but on the title-deed and the person on the loan dies?
what happens if your husband dies and i am on deed,but not on loan.am i responsible for the loan and do i keep the house/
If my husband dies what happens to the house I'm not on the mortgage?
If your husband has a will then his property is distributed accordingly, if he not have a will then the distribution of property is determined by a probate court.
Should a husband add his wife's name to the deed or just leave the house to his wife in his will?
A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.
If a man dies in Tennessee without a will but his wife's name is on the deed does she own the property?
If "titled to both names" means "joint tenants" or "tenants by the entirety", then the absence or presence of a will is irrelevant because the surviving spouse obtains full ownership through the deed, not through probate.
What happens if your dad dies without a will and only a portion of his property was put through probate?
Answer: The probate would need to be reopened.
How do you become personal representative after husband dies in Indiana?
You apply to the probate court. There is normally a package of documents that have to be filled out and submitted to the court. Consult a probate attorney for specifics.
How do you transfer a deed when a parent dies without a will in Georgia?
You may have to have a probate court rule on ownership before you can legally sell or give away the property.
Can your brother who has power of attorney for your deceased mother transfer the deed to her house into his name so that it will not have to go to probate?
The POA becomes invalid when a person dies.
