It depends on the tenancy recited in the deed. If the deed recites that you will hold title as joint tenants with the right of survivorship then husband's interest will automatically pass to wife upon his death.
You should contact your local district attorney immediately to arrange a meeting where you can show proof of your claim. If they are unwilling to help you then you should consult with a private attorney immediately.
If the beneficiaries are in agreement and there are no debts remaining, yes. The estate can quit claim to the beneficiary.
if you have a deed in your possession can you claim it if the person is deceased Not necessarily. There may be other terms and conditions. Just possession of a deed doesn't mean sole ownership.
If his name "is still on the deed" then he has an interest in the property. If he is the only person on the deed then he is the sole owner of the property. If there was a partnership and a tenancy in partnership was created between him and your husband on the deed then the former partner may own the property. You need to provide more details. If they owned as tenants in common then the former partner owns half and when you probate your husband's estate then his heirs at law will own half.
Quit claim deed.
quit claim deed
They are not the same, a quit claim deed is a method of transferring rights to property. Joint owned is a form of ownership.
A quit claim deed transfers ownership rights in a property but does not address any unpaid property taxes or other liens. If you have paid the property taxes, you may have a claim for reimbursement, but merely filing a quit claim deed will not resolve the tax issue. It's essential to consult with a legal professional to understand your rights and obligations before proceeding. If you're looking to formalize ownership, ensure all tax and ownership issues are resolved first.
It is the deceased husband's name that needs to be removed from the deed. Contact the local court house to find out what you must do to claim the property in your name alone. Usually you can file a copy of the death certificate.
Both. The property would be in his estate and intestacy laws would apply.
It is called a quit claim deed. Once you have filed the quit claim deed, you no longer have a legal right to whatever the deed refers to. The only way to get it back is to have the current person with possesory interest and ownership to sign a quit claim deed in your favor.
your husband can file a quit claim deed for 50% of the property to you.