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Do other heirs need to sign if you sell the property?
The decedent's estate must be probated in order for the heirs to have legal title to the real estate. All the heirs must sign the deed. If you want to sell the inherited real property the attorney who handles the estate can advise you.
When a person dies does your name go on the deed if you inherit the property?
It is not necessary to change the name in the land records. Probate court records are public records and the probated estate passes title to the heirs. However, if you want to transfer the property to the heirs by a deed the attorney who handled the estate can draft the proper deed for you.
Would a beneficiary Deed to property be legal in the State of Ga?
Generally, in order for title to real estate to pass to the heirs or devisees the estate must be probated. If a person inherited an interest in real estate a quitclaim deed from them would convey their interest in the property IF the estate had been probated. If the estate was not probated then they are not a legal owner of the property and their deed would convey nothing.
Can you have a fee simple deed and a life estate clause on the same deed with 8 different heirs?
Yes. You could have a deed drafted that conveys your property to eight children while reserving a life estate for yourself.
What is the process to transfer title of a home to one of five heirs?
The estate deeds it to the heir. If the other heirs have rights in the property, they need to be paid for their share of the property, either by compensation from the estate (if the total estate is worth 5 times the value of the property) or the person getting the deed pays them off for their share of it.
How is property title transferred after probate is closed?
If the probate process has been completed and title is in the heirs they can execute a deed to a straw and then the straw can convey the property back to the heirs by deed and the heirs will become the record owners of the property. However, that process isn't necessary except in cases where the heirs desire to have a deed in their own names. If the heirs want to sell to a third party they can execute a deed of their interest and cite the probate as their source of title. You should consult with the attorney who handled the estate who can review your situation and your needs and explain your options.
Why removed deceased spouses name from a deed?
Removing a deceased spouse's name from a deed is typically done to clarify ownership and ensure that the property can be transferred or managed without legal complications. This process often occurs after the property has passed to the surviving spouse through inheritance or community property laws. It helps to streamline property transactions and can be necessary for estate planning or settling the deceased spouse's estate. Additionally, it can prevent potential disputes among heirs regarding the property.
Can other heirs take a home if your name is on the deed?
You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.
What if your husband died and your name is not on deed Can you have your name on deed without opening a estate your name is on the mortgage?
If the property was owned by your husband then his estate must be probated in order for title to pass to his heirs legally. If there was no will the property will pass to his heirs at law under the state laws of intestacy. You can check your state laws at the related question link below.
What is an heirs deed?
The heir deed is property that is actually divided among the legal heirs of the late person, according to his will.
Trust deed leaves property to 4 adult children and Both parents have now passed away What if one of the four die Where does their share go?
If the deed is silent, the decedent's share passes to the decedent's estate (to the decedent's heirs, if no Will, or beneficiaries, if there is a Will). If the deed is silent, the decedent's share passes to the decedent's estate (to the decedent's heirs, if no Will, or beneficiaries, if there is a Will).
What legal interests and rights do you have with a real estate deed?
The grantee(s) on a deed is the new owner of the property. The new owner has the right to the exclusive use and possession of the property; they could sell the property; they can leave the property to their beneficiary in their will. If they die whthout a will, the property will pass to their heirs at law under the state laws of intestacy when their estate is probated.
