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The only surviving child of the original property owners is willing to sign an affidavit and Quit Claim Deed Is there a reason why that isn't possible?
Wiki User
∙ 15y ago
Generally, in the United States, an estate must be probated in order for title to real estate to pass to the heirs whether there is a will or not. The court proceeding identifies the legal heirs and notifies creditors that the owner has died. As soon as the Administration or Will is allowed by the court the title to the real estate passes to the heirs. Until then the only heir doesn't have legal title to the property so their deed would be of no effect.
Wiki User
∙ 15y ago
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What is an affidavit of abandonment as it pertains to property?
You can read a discussion about an Affidavit of Abandonment at the link below.
How can you stop a joint account holder accessing the deceased persons funds?
You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.
What is affidavit of political status?
An affidavit of political status is a legal document where an individual declares their political standing or allegiance. It is often used by individuals seeking to clarify their status as a sovereign citizen or to assert their rights and independence from government authority. It is not typically recognized as a valid legal document by official authorities.
When a spouse dies with property that is inherited in Ohio does that property convey to the surviving spouse if there is no will?
yes
How do you file a deed to change title of house after a spouse dies?
If the married couple took title to the property as "tenants by the entirety" (a method of taking title reserved for persons married), then there is a right of survivorship whereby the surviving spouse becomes the sole owner of the property. This happens automatically. Typically, you would also file/record an "affidavit of surviving tenant by the entirety" indicating that one of the spouses has deceased so that when/if you go to sell the home, the title company and buyer will not be looking for the signature of the deceased spouse.
In Arizona if a husband dies with no will and the house he owns is only in his name who has claim to the house the surviving wife or the minor child?
If the wife is the mother of the surviving child then she inherits the house according to the section of the Arizona code excerpted below: 14-2102. Intestate share of surviving spouse The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse: 1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate. 2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.
What does instrument equals PTA in reference to sales information of a real estate transaction?
Property Transfer Affidavit
How can you claim a surviving child get property inheritance if there was no will?
In the absence of a will, laws of intestate succession govern property distribution. Typically, surviving children would inherit a portion of the estate based on state laws. The exact distribution would depend on factors such as the number of children, spouse's rights, and other relatives.
What is a scrivener's affidavit?
A scrivener's affidavit is a statement executed by a person who made a minor error in a legal document such as a deed, mortgage, agreement or survey. They are most often executed by attorneys and surveyors. The affidavit clearly sets forth the error and the correction. A scrivener's affidavit cannot be used to make any substantial changes to names of grantors and grantees or property descriptions.
Spouse has been dead less than a year. Can property owned tenants by the enterities with right of survivorship be sold?
Yes. Property held as tenants by the entirety becomes the sole property of the surviving spouse bypassing probate. It can be sold by the surviving spouse.
If husband's name is on a deed he dies he has a surviving wife he has 2 surviving adult children there is no will who inherits the real property?
The wife and kids.
Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?
That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.
