If there is no will then in most places the holdings will have to go through probate court, and unfortunately that can be a lengthy process. During the time that probate court is making its determination, any number of things can go wrong with investments, and potential heirs will be powerless to change the assets. There is not much that you can do about that now, and there is a chance that the probate court in your area will be able to move reasonably quickly.
Deeds are usually recorded by the state, and as far as I am aware the recorded deeds would take precedence in the case of disputed ownership anyway, so not being able to find your parents' copies of deeds is probably not going to be a major isdsue. Check around with the county offices that oversee the properties.
The first thing you should do is to review both property deeds to determine if the property descriptions answer your query.
The property goes into the estate and distributed. It is possible that it could be inherited. Most likely it will need to be sold and the proceeds divided between the children.
Yes.
Deeds are the legal instruments used to transfer ownership of real property. Ownership of some personal property is done via certificates such as Certificates of Title for transferring title to motor vehicles.
No, the property cannot be sold without the consent of both parents on the survivorship deed. The survivorship deed means that the property automatically passes to the surviving parent upon the other's death, but both parents must agree to any sale during their lifetimes.
The terms house deeds and land registry title have been intermixed for 150 years.If we focus on the last 50 years the easiest way to explain it is thatFor an unregistered property ownership is invariably proven by the 'deeds' which would normally consist of a series of deeds (conveyances, abstracts, mortgage deeds etc) which establish how the property has changed ownership and been mortgaged over the years.a land registry title is created when the unregistered property is registered for the first time. In the past this would be triggered by the sale of the property but over the years more triggers have been created e.g. when a property owner dies and the property passes to their beneficiary. After registration the old deeds are invariably returned to the applicant and the record of the title is then held centrally.In the past the term 'deeds' could be applied to the old pre-registration deeds, the land registry title document or a combination of both. The term was often used as an embrace all definition as often the 'deeds are with the bank' and few owners ever had sight of them until their mortgage was paid off some 25 years later.However, the key fact to now note is that when a property has been registered it is the Land Registry title which is the central record of ownership and the evidence upon which buyers, sellers, lenders etc will rely.
Any owner of real property must sign a deed in order to transfer title to a new owner. If both spouses own it then both spouses must convey it.
No. If you owned the property in a joint tenancy with the right of survivorship their interest in the property "disappeared" at death and the property belongs to you alone.
The word 'deeds' is both a verb and a noun.The word 'deeds' is the third person singular present of the verb to deed: He deeds the land to his son in his will.The word 'deeds' is the plural form for the singular noun deed: The deeds to both properties are in our safe.
Both general warranty deeds and special warranty deeds can be used for real estate sales where a property is transferred between parties unfamiliar with each other. The difference is the extent of the coverage of the warranty.
Unmarrie couple both name on deeds the mortgage is on his name
Only if their name is not on the property deeds, if it is then it is legally half theirs also and you can not lock them out. Only the sheriff can lock you both out by the bank