What steps do we need to take to clear the title if we have 9 family members on the title to some real property and some of them are deceased?
You need the assistance of an attorney who specializes in real
estate and probate law. She can arrange to have the title to the
land examined. That is the first step in determining the status of
the title and what needs to be done to clear it.
If the property is owned by the group as joint tenants with the right of survivorship, upon the death of an owner their interest passes automatically to the surviving owners. If the property is held by the group as tenants in common, upon the death of an owner their estate must be probated and their interest would pass under the terms of their Will or by the laws of intestacy to their heirs at law.
You should address the situation as soon as possible. The longer you wait the more it will cost to clear the title.
If the deceased left his home to a certain person and her name is already on the deed does she just take over the loan?
If there are any debts associated with the deceased, or they own any real property, it is to the benefit of the family to go through probate. This will insure that accounts are settled and shouldend any attempts by creditors to collect if there are no monies. It also insures that there is clear title to any vehicles and property.
The estate of the deceased is...of course that may essentially be simply a reduction of what the children would get. But the tax does not go away..the property owes it and if it must be sold to collect it, by the estate (or the tax jurisdcition), it has to be, before clear title can go to anyone else.
Is wife who didn't sign vehicle contract in Arizona responsible for deceased husbands repo deficiency balance?
Upon the death of a spouse do you need a will to inherit the property of said spouse in the state of Tennesse?
Our house is being foreclosed in Michigan can other property owned with a tenancy in common with family members free and clear have a lien put on it as a result of our foreclosure?
Yes, it is not unusual for a lender to seek additional security, in the form of a lien on other land or personal property, once you're in default on the original agreement. If the auction goes badly, they don't want to be left without payment of the outstanding balance. As a tenant in common, you have a separate ownership interest that can be attached and liquidated.
When a life tenant dies so does his right to occupy the property. His family inherits no rights unless they are the remaindermen and own the fee to the property. In that case, they own the property free and clear of the life estate. However, the life tenant may have left personal property inside the home. If so it would pass according to their will or according to the laws of intestacy if there was…
That is one of the primary reasons to open an estate is to resolve such issues and to clear titles. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended. Another Perspective In a title theory state if the mortgage isn't paid the lender can take possession of the property by foreclosure.
It depends on the details, but basically absent a clear will it will be up to the discretion of the courts. There's a preference for placing children with family members if the family members are willing and capable of providing a good home, but the child might wind up entering the foster care system or in an orphanage.
Need clear property title 4 names on title 1 deceased 1 divorced -have Quit Claim and 2 living kids Why won't title company give clear title with death certificate?
There is a special form (ask title company) that you have to have filled out (its easy) and then have it notirized (wr. spelling, sorry) You take that with the org. death certificate to the recorders office where the property is located . I did this two weeks ago and they cleared it the same day. The answer depends upon how the four owners held title.
Does a beneficiary of fully owned retirement community property unit have to accept the devise once the testator is deceased?
No. Generally, a gift from an estate can be disclaimed. You should consult with the attorney who is handling the estate. Since the devise includes real property there may be documents that you must sign surrendering your interest in order to clear the title. No. Generally, a gift from an estate can be disclaimed. You should consult with the attorney who is handling the estate. Since the devise includes real property there may be documents…
Only if you want clear title to the property. If you fail to clear the lien, the property can be sold from under you. If the lien holder does not forclose you will still not be able to sell the property until the lien is satisfied. Just pay the debt, especially if it is valid. When you inherited the property, you inherited the debt.
What does it mean when a foreclosed property reads that the property owner sold property to the bank for 1000?
Deceased has a will stating the surviving spouse remains in home until she decides to sell at which time profit from the sale will go to the son. Deed is in deceased and first wifes name. Legal?
If the husband and first wife owned the property by survivorship then the husband automatically owned the property in his own right when his first wife died. In his will he actually granted his spouse a life estate that will be extinguished when she no longer desires to live in the house and consents to the sale. In that case you will need to obtain her consent IN WRITING to clear the title. You should…
That person must voluntarily transfer their interest to you by executing a deed. If that person was a joint owner who is now deceased you only need to record a death certificate in the land records to clear the title. That person must voluntarily transfer their interest to you by executing a deed. If that person was a joint owner who is now deceased you only need to record a death certificate in the land…
Will you be forced to sell deceased mother's house in Maryland left to and where family members are living to cover mothers credit card debt?
Yes, the house will probably have to be sold to pay off the credit card debt if there are no other assets. The alternative might be for those that live there and are to inherit to take out a mortgage and buy the house from the estate for the amount of the credit card debt and pay off the credit card bills. This would eliminate the credit card companies placing a lien on the house…
The owner of a house granted a power of attorney but died one month before the sale. The attorney in fact went ahead with the closing not disclosing the death. What happens now?
The POA was extinguished the moment the principal died whether or not the attorney in fact disclosed the death. Therefore he/she could not give a valid deed so the grantee did not take title to the property. The property is actually in the decedent's estate at this time. The legal expenses to clear the title will be costly. The decedent's estate must be probated. Future title examinations will reveal that the owner was deceased at…
Yes is the strict answer, but in a divorce the gloves come off and the strict terms of the Texas Family Code come into play, even if some property is in one name. The law states: "Each spouse has the sole management, control, and disposition of that spouse's separate property. Except as otherwise stated in the Texas Family Code, a spouse's separate property consists of: (1) the property owned or claimed by the spouse before…
To promote a good relationship in a family, mutual respect, care and understanding will be needed. An effective communication will help to do this, minimising the difference of viewpoints and values of different family members, thus reducing conflicts. A member should express at the right time and convince others by reasoning. A member should also learn to express his emotion and feeling in order to promote understanding between them. Sharing housework with other members, spending…