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Does property have to go to probate if one spouse is deceased and the surviving spouse is also listed on the Missouri warranty deed?
Wiki User
∙ 11y ago
It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.
It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.
It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.
It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoIt depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.
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Does a surviving spouse in Georgia have to pay an attorney to draw up a new deed to remove the name of the deceased spouse if both names were on the original warranty deed?
If you acquired the property as joint tenants with the right of survivorship then you automatically own the property as the surviving spouse. You do not need to record a new deed. You need to record a copy of the death certificate in the land records as notice that the other joint tenant has died. Any professional checking the title to your property will note the joint tenancy recited in your deed, see the death certificate for your spouse and know that by operation of law you are now the sole owner of the property.
If both names on deed can spouse of deceased quit claim property to children?
In a situation where spouses hold property as joint tenants with right of survivorship, the death of one spouse makes the property belong wholly to the surviving spouse (subject to any mortgage or liens, etc.) Any owner of real property can quit claim their interest. So, yes. But a warranty deed (a regular deed) is a better way to go, especially when the property is being passed to more than one person, such as the case here. You want the deed to specify how the siblings hold the property, likely as tenants in common.
How do I contact Husky for warranty repair of power generators?
You can learn about the warranty's offered by Husky at http://www.husky.com/warranty. You can contact them at 800-325-3558. They are headquartered out of Missouri.
Joint Tenancy Warranty Deed vs Divorce Decree If a warranty deed is in Joint Tenancy and a divorce decree says its a 60 40 split which document rules?
Ok the property is held in joint tenancy which means upon the death of one of the joint tenants, the property, by operation of law, passes to the survivor. The Divorce Decree (Judgment) does not effect this. Now if a memorandum of the Divorce Decree was recorded it would become a lien on the property and would eventually have to be satisfied from a sale. If both of the joint tenants are alive, the Divorce Decree controls. If one of the joint tenants dies the estate of the deceased joint tenant would have a claim against the surviving joint tenant under the Decree. Tony B.
Which of the fine is not included under the umbrella of intellectual property?
Expressed warranty
Is there implied warranty of title in all real property transfers?
Absolutely not. Only a warranty deed carries any warranty of title.Absolutely not. Only a warranty deed carries any warranty of title.Absolutely not. Only a warranty deed carries any warranty of title.Absolutely not. Only a warranty deed carries any warranty of title.
Is a warranty deed needed along with a quit claim deed when transferring property to a love one?
A warranty deed guarantees that a property owner has the clear title to a property and the right to sell it. Quit Claim assigns and interest to the property. Check with your state laws, but in many states the QC is enough.
What services are offered at Warranty Direct?
They can provide car, van, motorbike and home warranties. If your possesions are under warranty and something happens to damage your property or it is stolen then as it is under warranty then it can be replaced. Your warranty premiums will go up though.
Difference between a special warranty deed and a general warranty deed?
Both general warranty deeds and special warranty deeds can be used for real estate sales where a property is transferred between parties unfamiliar with each other. The difference is the extent of the coverage of the warranty.
When a state condemns your property because you wouldn't sign the warranty deed to them because they are denying you access to back yard?
You should seek the advise of an attorney if the state condemns your property just because, you would not sign the warranty deed to them.
Can a warranty deed be reserve by quit claim deed after a death?
No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.
Can a warranty deed be transferred back to original owner?
I'm not an attorney. A warranty deed can go back to the original owner. Why not? The original owner can acquire the property again; there is no law against that. The deed might still be a warranty deed, but if the deed has become clouded in some way while under other ownership, the original owner might possibly not receive a warranty deed when he gets the property back.
