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If the property was owned as joint tenants with the right of survivorship the decedent's interest automatically passed to you. All you should need to do is record a death certificate in the land records to clear the title.
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As a joint tenant how do you transfer property to your name after your spouse dies?
When your spouse died the property automatically became your absolute property. That is the purpose of creating a joint tenancy in a deed. All you need to do is record a certified copy of the death certificate in the land records to clear the title and inform the world the other joint tenant has died. Operation of law transfers full title to you.
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.
What happens to jointly owned property in a non-community property state in the event of the death of a spouse?
If the real property is owned as tenants by the entirety or joint tenants with the right of survivorship the interest of the decedent automatically passes to the surviving spouse and they need to do nothing except record a death certificate in the land records.
If property purchased and deed was 'joint tenants with right of survivorship' doesn't property belong to spouse after the divorce then death of ex-spouse if neither party remarried?
As long as there were no changes made to the tenancy by deed the joint tenancy would remain intact and the title to the property would automatically pass to the survivor. The situation would be different if the property was held by a tenancy by the entirety.
In MA is a home considered an estate upon death of a spouse?
If the property was owned by the couple as joint tenants or tenants by the entirety the decedent's interest passes automatically to the surviving spouse and is not part of the probate estate. If the property was owned solely by the decedent it becomes part of the estate.
In the state of washington- does the remaining spouse inherit all property?
The state of Washington is a community property state in which property owned by a married couple has joint ownership. Therefore, a remaining spouse will inherit all property.
Primary card holder deceased with no will spouse joint on house is she responsible for card death?
As long as the couple did not reside in a community property state and the spouse was not a joint account holder the spouse is not responsible. However depending on the probate laws of the resident state, a portion of the deceased's estate may be used to pay outstanding debt(s).
Is a spouse responsible for debt incurred before the marriage?
No, not directly. Indirectly the non debtor spouse may find that he or she has a shared joint account levied or joint property encumbered by a judgment against the debtor spouse.
Are the grown children of your deceased spouse entitled to any of your joint assets in NH?
No. Any assets held by you and your spouse as joint tenants became your sole property automatically upon his/her death. You are the sole owner. Any property owned solely by the decedent would pass according to a will or according to the state laws of intestacy if there was no will. You can check the laws of intestacy for your state at the link provided below.
If a spouse's parent dies and leaves inheritance does this become community property with your spouse?
Not immediately. When you inherit something it is separate property because it was specifically designated to go to you. If you put these funds in a joint account or share them with your spouse then it would likely be deemed as transforming to community property.
Why does an estate need to be set up if there is a surviving spouse?
If you have no children and you arrange to have all your property held as joint tenants with the right of survivorship then you don't need a will or probate when you die. However, you should consider what will happen to your property in the case of a simultaneous death, or, upon the death of the surviving spouse. If you have no will the state will distribute your property according to the laws of intestacy after your debts are paid. You can check the laws of intestacy at the related question link provided below.
In Florida what are the rights of adult children when parent remarries and then dies and parent at the age of 80 plus made many accounts joint with 2nd spouse who survives him?
In Florida, adult children do not have automatic rights to the joint accounts made with the parent's second spouse. If the accounts were set up as joint accounts with rights of survivorship, they would pass directly to the surviving joint owner. The adult children may have a claim if they can prove that the joint accounts were not intended to be gifts to the second spouse, but this can be legally complex and challenging to prove. Consulting with a probate attorney in Florida would be advisable in this situation.
