The heirs can only inherit what the decedent owned. If she didn't have clear title then you won't inherit clear title. At some point the title will need to be cleared up. That will be whenever you wish to sell or mortgage the property.
Once title has been transferred to your name you can do anything you wish with it. But you have to wait for the estate to clear the title and transfer it first.
A clear title indicates that no other person or other entity has any claim on the property or interest in the property and you are the absolute owner.
I believe that a lien on a property stays with the property, not with a person. The purchaser of the property will be responsible for any liens to get a clear title.
my aunt left me property in her will, and now I would like to sell the property, but I don't have a clear deed. how do i get a clear deed to the property so that I can sell the property?
A clear title indicates that no other person or other entity has any claim on the property or interest in the property and you are the absolute owner.
The person with the life estate has the right to the use and possession of the property for the duration of their natural life. The person who was given the property in the will is the fee owner and will own the property free and clear after the death of the life tenant or when the life tenant releases the life estate in writing.
I will assume you mean to ask why a testator would leave a life estate to another person in the testator's will.A testator provides another person with a life estate to make certain that person will not be "put out" by the people who inherit the property. They want to make certain the life estate holder will have the use and possession of a home for the duration of their natural life. It is a way of still taking care of someone you love even after you have died while still preserving the property for your heirs. Upon the death of the life tenant the heirs, or remainders, own the property free and clear of the life estate.
A professional title examiner who has an extensive legal background after years of preparation must examine the property records according to the standards set in your state in order to determine if the title to your property is free and clear of any defects. No one works for free.
Yes, you can file a lien against the property. The estate will have to clear the claim.
Simply have him sign off on the title.
For the most part it varies from state to state, but the majority say No
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.