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What if your wife died and you shared ownership of home are you the sole owner of property now?
Wiki User
∙ 14y ago
You would be the sole owner if you had held title by a survivorship deed: joint tenants or tenants by the entirety.
Wiki User
∙ 14y ago
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Your dad died and now your mom is joint property owner of a home and acres can she will her part to her grandkids?
Short answer - Yes. Of course, this is dependent on the form of joint ownership, and the details of the ownership agreement.
At the end of the life estate what type of estate does the remainderman have?
The remainderman would own the property in fee simple. That is absolute ownership. That owner could sell the property or leave it to his beneficiaries in her/his will. If they died intestate (without a will) the property would pass to their heirs at law according to the state laws of intestacy.
Can a survivorship deed serve as proof of ownership of deceased aunt's property?
Yes. If you owned property with your aunt as joint tenants with the right of survivorship then when she died full ownership of the property passed to you automatically with no need of probate.
Can you take ownership of a house you and your deceased boyfriend shared if he didn't have children and your name isn't on the deed?
No. Not unless he left the property to you in his will. If he died intestate, or without a will, the property will pass to his heirs at law according to the state laws of intestacy. Legal rights as an heir are acquired by virtue of a valid marriage.
How do you transfer real property at death?
Real property is transferred at death by the owner's will (testate) or by the state laws of intestacy if the owner died without a will (intestate).
Can my tax lien be placed on my mother's property if I have no ownership and haven't lived there for 10 years?
No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.No, unless your mother has died and you have an interest in her property by inheritance.
What is equitable fee simple?
Fee simple is the highest form of ownership of real property. Fee simple is absolute ownership. The owner in fee simple can sell the property or if they die while owning property it will pass to their heirs upon death by their will or by the laws of intestacy.An equitable fee simple would be an interest in real property that is something less than absolute ownership or fee simple. For example:A decedent died having a will and leaving their real property to their only child. The estate must be probated in order for legal title (fee simple) to pass to that child. If the estate is not probated that child would only own an equitable fee simple interest in the property. Their ownership would not be perfected until the parent's estate is probated.
What happens if one party in a right of survivorship deed deceases and his or her wifehusband attempts to make claim on such property?
The answer to this question depends on the facts in issue. Who are the parties in the right of survivorship deed? Who is making the claim? "Right of survivorship" is a concept that allows one shared owner to take total ownership of a property upon the death of the other owner without having to deal with the decedent's estate (probate). Think of the traditional married couple. When one partner died, the other assumed total ownership automatically. The property does not become part of the deceased spouses estate, and therefore would not have to go through the probate process. Dad dies, Mom gets to stay in the house, now it's "Mom's House." Another important point that one needs to understand is the extent of the ownership. So long as both parties are alive, each party is entitled to what's called a "life estate." That is, your possessory interest only lasts while you are alive. Once you die, your interest dies with you. If there is only one remaining owner, that person's life estate converts into a "fee simple," and that person can now devise the property. Another feature of the "right of survivorship" concept concerns alienability, or the ability to "alienate" (sell) the property without the consent of the other party. Simply put, you can't. You first have to destroy the right of survivorship, and then you can sell your resulting share. In this case, if the surviving spouse does not already have an ownership interest (that is, they're not already on the deed - they're a third party), they cannot acquire the decedent's ownership (possessory interest) in the property. That interest / ownership ended when the spouse died. This information is not intended as legal advice, but more as a primer on the concept. If you are facing a challenge to your property, or you are interested in finding out what your rights are regarding property, you should consult with an attorney who knows the specifics of the laws in your jurisdiction.
How do you change ownership of and life insurance policy If the old owner died?
The owner of a life insurance policy is most frequently, but not always, the insured. If the insured is not the owner, and is still alive, he/she can contact the consurance company or the agent and designate another person as the owner.
A person has right to survivorship to property in Ct and the spouse who died had a judgment lien on the property in his name only is this lien still valid?
No. A benefit of owning property by survivorship is that the moment one owner dies their interest in the property disappears and the survivor is the sole owner. The creditor is out of luck.
What if your husband and you were joint owners on a home he died 20 years agohe is still on the deed how do you remove it?
Generally you don't need to remove the deceased joint owner's name from the property. You need only to record a death certificate in the land records and ask that it be referenced to the deed. Upon the death of your husband the full ownership of the property automatically passed to you.
Can a property be sold below market price to a realative to avoid probate?
If a property owner has died then they can't transfer the title to their real estate. If a person died owning real property their estate MUST be probated in order for title to pass to the heirs. If you are not the owner then you have no power to sell the property.You should consult with an attorney who specializes in probate law.
