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Deeds and Ownership
Ownership of real property is one of the most valuable legal rights. The method of documenting and transferring this ownership gives rise to the questions in this category.
5,025 Questions
It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.
It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.
It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.
It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.
Can you be responsible for judgments against the previous owner of your property?
Absolutely yes, if you didn't make certain they were paid by the former owner before you paid for the property and took title.
What is the highest form of ownership for a piece of property?
Fee simple.
Fee simple.
Fee simple.
Fee simple.
Can a person build house on heir property without permission?
If a person builds a home on land that they don't own, the home will become the property of the person who owns the land.
Why remove a spouse's name from deed?
No. When they go to sell the house or change the title, they would need a quitclaim signed by you and notarized. If they have managed to do this, you should be able to obtain a copy of the transaction and take steps if they have forged your name or have forced you to sign under duress.
What is the difference between an Executor's Deed and an Administrator's Deed?
Although their duties and responsibilities are similar, an executor is appointed by the probate court to administer the estate of a person who left a will (testate estate). The court issues Letters testamentary in the name of the executor and those letters provide the legal authority to act on behalf of the estate in all matters. Often the executor is named in the will. However, anyone can be appointed the executor but the wishes of family will be given priority.
An administrator is appointed by the probate court to administer the estate of a person who died without a will (intestate estate). The court issues Letters of Administration and those letters provide the legal authority to act on behalf of the estate in all matters. Only a qualified person can be appointed as an administrator and those qualifications are set forth in state laws. Included are creditors of the decedent.
In either case, the executor or administrator must petition the probate court for appointment.
The terms are different because an executor is executing the decedent's directions as stated in the will. The administrator is simply administering the estate according to state laws.
What is statutory Right of Way in Oklahoma?
It is a legal right that the government has established to allow access across property. It is commonly used to provide access for utilities and to allow public access to beaches and waterways.
By Canadian Law generally the majority of heirs that agree over-rides the others as far as the selling of any property, but, the others who do not want to sell can seek legal counsel and you have a face-off in court. This can take many years to settle so normally most people come to an amicable agreement rather than wait for any monies due them. * In the US the owners wishing to sell the property would need to file suit against the reluctant owner to have the property partitioned so that each person would be allocated their share and would then be able to sell it. In some states the court can order a forced sale of the property regardless of whether all owners are agreeable or not.
What is the Redemption period for sheriff's deed in Michigan?
Redemption of a Sheriff's Deed after foreclosure is 6 Months from the date of the Sheriff Sale unless:
1) The property is located on 1 acre of land or more
2) The amount owed when the Sheriff Sale takes place is less than 66 & 2/3 percent of the original balance (as in it was payed down a LOT before things got bad and the foreclosure train showed up)
If either of the above are true then the redemption period is one year.
Also, if the Sheriff's Deed is not recorded within 20 days of the actual sale date, then the 6 months redemption period begins from the date the Sheriff's deed is recorded.
Are minerals considered real property?
Minerals in the ground are treated as real property, but, after removed from the land, they become personal property.
If the owner of a property died and did not leave a will can the bank foreclose?
If a property still has money owed on it and the payments are not made, the holder of the note can foreclose. If the owner of the property died, the fact that something is still owed on the property does not change. If no one makes the payments, foreclosure is still an option for the lien holder. If there was no will, a family member or group of them can step up and make a claim. So can anyone else who reasonably believes that the person who has passed on owes them something. But the court must be petitioned. Any winner(s) of a claim must make up the payments. If not, the mortgage holder has a first option on the property. If it passes through foreclosure, family or other petitioners may still press the mortgage holder for any monies (equity) over and above what the was owed on the note (plus costs) when the property is resold. Laws vary in different places, but the basic principles are relatively common. In any case similar to this, consult a local attorney. They often give free or low cost consultations, at least upon an initial visit. Make sure all of the facts are in hand before making an appointment.
How long do you have to move out if your house was sold in California?
In CA you have thirty to sixty days to move out by law. However, this only applies when The Landlord wishes to evict you for no reason, or a personal, unstated one. A landlord can evict you and give only three day notice if you fail to pay your rent on time, violate a provision of the lease or used the premise for unlawful purposes, as well as a slue of other reasons. Generally you will receive thirty or sixty days to evacuate the premise under normal circumstances.
Who issues legal warranty deed?
The owner of the property determines the covenants in the deed that transfers ownership to a new owner.
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.
Can one owner lease out property that is jointly owned?
No. All the owners would need to consent to the lease by signing it. If all the owners of the property, or their duly appointed agent, didn't sign the lease it would not be a valid lease. All the undivided interest owners have the right to the use and possession of the whole property but one owner cannot encumber the whole property.
A lease signed by only one of the owners of the property is not binding on the other owners. The tenant would not have their permission to lease their property.
A Co-Owner has all the same rights to the vehicile as the owner, who by the way is also a co-owner. See Co-Owned..
Can you sell the mineral rights to your land if there is a lien against it?
A prudent buyer would require that the lien be paid off before the sale. If not the buyer would purchase the rights subject to the lien.
How long does it take after a deed is recorded for it to be valid?
A deed is valid against the world the moment it is recorded as long as the grantor owns the land. See related question.
A deed is valid against the world the moment it is recorded as long as the grantor owns the land. See related question.
A deed is valid against the world the moment it is recorded as long as the grantor owns the land. See related question.
A deed is valid against the world the moment it is recorded as long as the grantor owns the land. See related question.
The widow can write a new will or simply have her attorney draft a codicil that names a new executor. The codicil should be drafted and executed with the same formality as a will and attached to it.
All executors, whether named in a will or not must be appointed by the court in order to exercise any powers as an executor. In general, if the executor named in a decedent's will has died and no alternate was named, the court will appoint an executor.
Change a house title due to spouse death?
Assuming you mean "real estate" and not personal property, your local state laws will determine if you need to do anything at all. In some states, the deed to husband and wife automatically belongs to the survivor. In other states you will need an executor's deed (in probate) recorded in the registry to clarify surviving ownership. Ask an attorney involved in estate administration for the details that pertain to your situation.
You will need his death certificate, and possibly, your marriage license. Call a title company to find out--they will do this for you for a fee.
What are the essential requirements for success in an adverse possession case in Kentucky?
Adverse possession is the possession against the will of the rightful owner to the complete exclusion of the owner. The number of years required to claim adverse possession in Kentucky is 15 years.
Can a creditor put a lien on the property you just sold?
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
transfer interest in joint tenancy with right to survivor while alive
Why is it important to maintain land records in your country?
A legal document that affects the title to real estatemust be recorded in the land records to give notice to any prospective buyer and/or to create a lien, claim or encumbrance on the land.
A legal document that affects the title to real estate must be recorded in the land records to give notice to any prospective buyer and/or to create a lien, claim or encumbrance on the land.
A legal document that affects the title to real estate must be recorded in the land records to give notice to any prospective buyer and/or to create a lien, claim or encumbrance on the land.
A legal document that affects the title to real estate must be recorded in the land records to give notice to any prospective buyer and/or to create a lien, claim or encumbrance on the land.
