Review your deed and look for any survivorship language after your name in the granting clause. It can be stated:
Review your deed and look for any survivorship language after your name in the granting clause. It can be stated:
Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.
The grantees in the deed are the actual owners. If one dies their interest in the property is automatically passed to the survivor.The grantees in the deed are the actual owners. If one dies their interest in the property is automatically passed to the survivor.The grantees in the deed are the actual owners. If one dies their interest in the property is automatically passed to the survivor.The grantees in the deed are the actual owners. If one dies their interest in the property is automatically passed to the survivor.
The answer depends on the details: when was the mortgage granted- when was the survivorship created. If the mortgagor was the sole owner of the property when they granted that mortgage, and later created a survivorship with another, then ownership passed to the survivor subject to the mortgage. If the survivor doesn't pay the mortgage then the lender will take possession of the mortgage by foreclosure.Survivorship property does not become part of the decedent's estate and the mortgage passes with the property to the survivor.
If the tenancy in the deed is clearly defined as a joint tenancy with the right of survivorship the property will automatically pass to the survivor, bypassing probate. You should have the deed drafted by an attorney to make certain it is drafted property for your jurisdiction.
If your father executed a survivorship deed prior to death, and it was properly recorded in the land records, the property does not become a part of his estate. As the survivor on the deed, his interest passed automatically to you. You are the new owner and you are responsible for the property taxes.You should discuss the situation with the attorney who is handling the estate.If your father executed a survivorship deed prior to death, and it was properly recorded in the land records, the property does not become a part of his estate. As the survivor on the deed, his interest passed automatically to you. You are the new owner and you are responsible for the property taxes.You should discuss the situation with the attorney who is handling the estate.If your father executed a survivorship deed prior to death, and it was properly recorded in the land records, the property does not become a part of his estate. As the survivor on the deed, his interest passed automatically to you. You are the new owner and you are responsible for the property taxes.You should discuss the situation with the attorney who is handling the estate.If your father executed a survivorship deed prior to death, and it was properly recorded in the land records, the property does not become a part of his estate. As the survivor on the deed, his interest passed automatically to you. You are the new owner and you are responsible for the property taxes.You should discuss the situation with the attorney who is handling the estate.
The language you described is the language that creates a joint tenancy with the right of survivorship. Upon the death of one of the parties on the deed the survivor will become the sole owner of the property. In your case, if your husband is the grantee on such a deed with another person and your husband died, the other person would automatically become the sole owner of the property.
If the parties owned the property by a survivorship deed the survivor only needs to record a death certificate in the land records as proof of death. The interest owned by the decedent passes automatically to the survivor.
There is no such document as a disinheritance deed. A deed cannot be revoked. When the owner of property executes a deed and the deed is recorded, the property has a new owner.There is no such document as a disinheritance deed. A deed cannot be revoked. When the owner of property executes a deed and the deed is recorded, the property has a new owner.There is no such document as a disinheritance deed. A deed cannot be revoked. When the owner of property executes a deed and the deed is recorded, the property has a new owner.There is no such document as a disinheritance deed. A deed cannot be revoked. When the owner of property executes a deed and the deed is recorded, the property has a new owner.
There is no 'inheritance' from a joint tenancy. When two people own property as joint tenants with the right of survivorship and one dies the survivor automatically owns the property. Think of it this way: When one owner dies their interest in the property disappears leaving the survivor as the sole owner.
The trustee of the trust holds title to the real estate. The trustee can transfer the property according to the provisions set forth in the trust.
Look at your property deed or utility statement.
If a husband and wife own property as joint tenants, with rights of survivorship, and the husband dies - the surviving spouse gets the property regardless of what the will says. Joint tenancy supercedes wills.