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The only surviving child of the original property owners is willing to sign an affidavit and Quit Claim Deed Is there a reason why that isn't possible?
Generally, in the United States, an estate must be probated in order for title to real estate to pass to the heirs whether there is a will or not. The court proceeding identifies the legal heirs and notifies creditors that the owner has died. As soon as the Administration or Will is allowed by the court the title to the real estate passes to the heirs. Until then the only heir doesn't have legal title to the property so their deed would be of no effect.
What else can I help you with?
How does a property trust affidavit mean there is a mortgage?
A property trust affidavit typically indicates that the property is held in a trust, which may involve a mortgage if the trust has borrowed funds to acquire or refinance the property. The affidavit often outlines the trust's ownership and its obligations, including any outstanding debts secured by the property. If a mortgage exists, it would be recorded against the property, and the affidavit would acknowledge this financial encumbrance. Therefore, the presence of a mortgage can be inferred from the terms outlined in the property trust affidavit.
What is an affidavit of abandonment as it pertains to property?
You can read a discussion about an Affidavit of Abandonment at the link below.
How can you stop a joint account holder accessing the deceased persons funds?
You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.
What is a title affidavit for a mortgage?
A title affidavit for a mortgage is a legal document that verifies the ownership of a property and confirms that the title is free from liens or encumbrances. It is typically signed by the property owner and serves to assure the lender that there are no undisclosed claims against the property. This affidavit helps facilitate the mortgage process by providing assurance of clear title, which is essential for the lender's security interest in the property.
Can a lender use an affidavit to correct an erroneous release of property?
Yes, a lender can use an affidavit to correct an erroneous release of property. An affidavit is a sworn statement that can clarify the intent of the parties involved and confirm that the release was made in error. However, the effectiveness of the affidavit may depend on state laws and the specific circumstances surrounding the erroneous release. It is advisable to consult legal counsel to ensure that the affidavit is properly executed and enforceable.
Where do you file affidavit of adverse possession in Texas?
In Texas, an affidavit of adverse possession is typically filed with the county clerk's office in the county where the property is located. The affidavit must be recorded in the real property records to establish a claim of adverse possession officially. It is advisable to ensure that the affidavit meets all legal requirements, so consulting with a real estate attorney may be beneficial.
When a spouse dies with property that is inherited in Ohio does that property convey to the surviving spouse if there is no will?
yes
What does a affidavit of equitable interest entitle you to?
An affidavit of equitable interest is a legal document that asserts a person's claim to an interest in a property, despite not being the legal owner. It typically entitles the affiant to rights such as the ability to enforce contractual agreements related to the property, potentially receive profits or proceeds from its sale, and protect their interest in the event of disputes or foreclosure. This affidavit serves to notify third parties of the affiant's claim and can help safeguard their investment in the property.
How do you file a deed to change title of house after a spouse dies?
If the married couple took title to the property as "tenants by the entirety" (a method of taking title reserved for persons married), then there is a right of survivorship whereby the surviving spouse becomes the sole owner of the property. This happens automatically. Typically, you would also file/record an "affidavit of surviving tenant by the entirety" indicating that one of the spouses has deceased so that when/if you go to sell the home, the title company and buyer will not be looking for the signature of the deceased spouse.
In Arizona if a husband dies with no will and the house he owns is only in his name who has claim to the house the surviving wife or the minor child?
If the wife is the mother of the surviving child then she inherits the house according to the section of the Arizona code excerpted below: 14-2102. Intestate share of surviving spouse The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse: 1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate. 2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.
What does instrument equals PTA in reference to sales information of a real estate transaction?
Property Transfer Affidavit
What is a scrivener's affidavit?
A scrivener's affidavit is a statement executed by a person who made a minor error in a legal document such as a deed, mortgage, agreement or survey. They are most often executed by attorneys and surveyors. The affidavit clearly sets forth the error and the correction. A scrivener's affidavit cannot be used to make any substantial changes to names of grantors and grantees or property descriptions.
