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If you do a deed in lieu what happens to the tenants living in the property?
Wiki User
∙ 17y ago
Just like in a sale, the tennancy (Lease) continues to run it's course. Only the owner (presumably, landlord) changes. (The lease "runs with the property"). The lender accepting the Deed in Lieu takes it subject to the existing lease, which (reading the agreement you'll make), you must tell them about. be prepared to have them insist you get signed documents from the tennent saying what if any deposits he has and status of rent, etc. They may be happy it comes with a tennent, or they may want to buy him out. More likely, a bank would be happy to take the proeprty with a tennent - who pays the rent - and have the cash flow.
Wiki User
∙ 17y ago
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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?
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.
How do you know if you have right of survivorship on a property you own with a non-spouse?
A right of survivorship must be set forth in the deed by which you acquired your property. If the deed doesn't state you received the property as "joint tenants", or as "joint tenants with the right of survivorship" which is required in some jurisdictions, then you own as tenants in common and have no survivorship rights. If you review your deed and the answer isn't clear you should consult with the attorney who represented you at your closing who can draft a confirmatory deed with survivorship rights if necessary.
What happens when brother and sister buy a house and brother dies without leaving a will or survivorship deed Does his son have any claim to house or does sister own all This is in Ohio?
The way the property is titled determines who takes ownership. If the property is titled as Joint Tenants or Joint Tenants With Right of Survivorship, the surviving person(s) named on the deed receive the entire property and it is not subject to probate distribution. If the property is titled as Tenants-In-Common, it is subject to probate distribution as required under the laws of the state in which the property is located.
If both spouses are on the house deed and one dies can the children go after the house?
That depends on how the property was titled. If the spouses owned as joint tenants with the right of survivorship or tenants by the entirety (as most married couples do) then you have no claim whatsoever. In that case, the property automatically passed to the surviving spouse. If it happens the property was owned as tenants in common then you may acquire an interest in your deceased parent's half along with the surviving spouse providing the parent didn't leave the property to their surviving spouse by will. First check the tenancy on their deed.
If two people are on a home deed and one passes away what happens to that person's interest in the home?
The answer depends on the deed by which the two acquired their interest in the property. If the property was acquired as tenants by the entirety or as joint tenants with the right of survivorship, the survivor automatically owns the property. If the property was acquired as tenants in common, the interest of the decedent will pass to her heirs at law under the laws of intestacy and her estate must be probated providing she didn't name a beneficiary by will. If there was a will and a named beneficiary the estate must be probated for title to pass to the beneficiary.
What is the priority between a deed of gift and a devise in a will?
If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.
How do you find out if you are the survivor on your property deed?
Review your deed and look for any survivorship language after your name in the granting clause. It can be stated:as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entirety
Could I deed a property to my son without my husband's consent We are joint tenants with survivorship?
Yes. If you own as joint tenants you can convey your interest to your son. He would then own the property as tenants in common with your husband. If you live in a community property state the answer may be different. You should consult with an attorney.
If a brother's name is on the deed before he is married does his wife inherit the property if he dies or persons on the quit claim deed?
Your question seems to imply there is another person on the deed with your brother. What happens to the property upon his death depends on how the property is held. If the deed granted the property as joint tenants with the right of survivorship the title automatically passes to the surviving joint tenant. If the property was acquired as tenants in common and the brother died intestate then his interest would pass to his next of kin and his wife would likely inherit his half interest in the property. You may need to seek the advice of an attorney who specializes in probate in your area. You can check the laws of intestacy at the related question link below.
How can you tell if your property is registered as tenants in common?
You should review your deed and see what tenancy is recited after the names of the grantees.
If two names are on a deed and one person dies and the deed says they were tenants in common does anyone have rights to the dead tenant on deed?
If Patrick and Sean own property as tenants in common and Patrick dies then his next-of-kin will inherit his interest in the property unless he left a will devising it to a particular person. If there is no will his interest in the property will pass according to the state laws of intestacy. You can check the laws in your state at the link below.
Could a Living estate over ride a quick deed?
If the owner of property conveys that property by a quitclaim deed while they still own it then they no longer own the property. It is now the property of the grantee in the deed.
