Deeds and Ownership

You must consult with an attorney who specializes in trust law and who has a good reputation in the community. The attorney will review your situation and explain your options. Most importantly, she/he will draft a trust that is valid under state laws and meets your needs. It is important to draft a trust that will be invulnerable to challenges. That is the only way to protect your children's interests.

You need to check the laws in your jurisdiction. In the United States there are different legal schemes for community property states (of which there are nine) and non-community property states. If the husband died intestate (without a will) the laws of intestacy in each state would govern the distribution of the property. You can check the laws of your state at the link below.

If the husband will not add his wife's name to the deed as a joint tenant with the right of survivorship or as a tenant by the entirety then he should make certain to draft a will leaving the property to her.

By definition, a landlocked property does not have access and there is therefore no right-of-way to plow, so towns have no responsibility to plow non-existent rights-of-way.

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I thought the mortgagee was the bank, and that the owner would be you. So if this is true, the mortgagee and the ownership are almost never the same. Maybe do you mean to ask "what if the mortgagor (the borrower) and ownership are not the same"

A "land patent" is another word for deed (or grant) of real estate from a government (e.g., the U.S. federal government) and represents "absolute title" from the sovereign. It is a special form of letters patent, meaning open declaration (as opposed to private correspondence with the government).

Land patents are obtained as any other deed for real estate, with the only difference being that the grantor is the "original" owner of the land. Copies are recorded in the same manner as deeds, and older ones (such as carving states out of the Louisiana Purchase) can be found in the archives.

The state can record a lien against your property for any amount you owe.

The state can record a lien against your property for any amount you owe.

The state can record a lien against your property for any amount you owe.

The state can record a lien against your property for any amount you owe.

You cannot "put your name on the deed". Your husband must sign a quitclaim deed that transfers his interest to you. If that is not possible, you would need to bring an action to a court of equity. Only a judge can affect the title to real estate through a court order.

Anti deficiency laws are laws in a state that prohibits lenders from suing borrowers for deficiencies. In Indiana there are conditions that allow for Judgements to be issued.

Open an estate! That is the whole reason to have one, to insure property is properly transferred. Consult a probate attorney in your state.

The present owner of the property is the grantor and the trustee of the trust is the grantee. The grantor in the deed should be recited exactly the same as in their acquisition deed when they first acquired the property. The grantee should be recited as, " to Jill Smith as trustee of the Smith Family Trust under a Declaration of Trust dated June 18, 2009".

This is a means of transferring ("selling") real estate from one owner to another without triggering specific warranties of any kind, although it does appear to convey whatever ownership the grantor actually has, without using the words convey or grant. It is somewhat different from a quitclaim deed in which the grantor does not claim to have actually had any interest in the property, but grants whatever he may have had, if any, to the grantee.

That could be described as rhetorical support.

Yes. If your husband was the sole owner of the life estate then it was extinguished when he died.

Your sister may not be correct. You should contact the attorney who is handling or who handled the estate and direct your question to her.

Yes. The lien can be recorded against any one property owner's interest.

A tenancy at will can be terminated by providing a 30 day notice, generally. A fixed period lease cannot be terminated until the fixed period has ended.

If a husband conveyed his individually owned property to his brother before he died, his widow has no rights in that property unless she lives in a community property state. In that case she should consult with an attorney.

With a quit claim and the agreement of your mortgage company, you can transfer your home title to anyone. However, if you are carrying the mortgage, there needs to be lien on the title until the loan is paid in full.

If the trust was set up as a testamentary trust the testator could have conveyed any property that she owned prior to her death. In that case the property would not become part of the estate nor part of the trust upon her death. There are many cases where a testator devised property in an outdated will that she no longer owned. That land is gone. It was not part of the trust property.

When you purchase a home by borrowing money the lender has you sign a Note which explains the terms under which you are borrowing the money i.e. amount borrowed, interest rate, first payment date, all due and payable date, etc. The Note is your I promise to pay agreement with the lender. That Note is then secured by recording a Deed of Trust against the property - this creates a lien securing the lenders interest in your property. The language of the Deed of Trust is legal boilerplate language stating how much the lenders lien is, telling you to keep the property insured, maintained, your payments made and how they will foreclose if you don't. This is recordered at the County Recorders office. Now let's say that you want to sell your house and the buyer doesn't have the ability to obtain conventional financing - so they ask you to carry the Note and you agree. An All-inclusive Note would have to be signed by your buyer wherein it states the how much they owe you, the terms of your agreement with them as far as interest and payments. This Note also has to state the terms of the loan you already have on the property - because you are not paying it off - you are "wrapping" this new agreement around it. So there payment to you will then make your payment on your loan and any difference would be yours to keep. The property is deeded to your buyer - therefore your interest in the property and your Note is secured by an All-inclusive Deed of Trust which is recorded at the County Recorders office. This All-inclusive Deed of Trust secures your interest and gives you the ability to foreclose and take back the property should the buyer not make their payments.

To find public land records contact the Recorder Office or Register of Deeds. The title of the department differs from State to State. Many of the State and Counties do offer the opportunity to search these records online through their government website. Some of the site offer this service for free, while others require a paid subscription.

http://publicrecords.onlinesearches.com/Land-Records-and-Deeds.htm

Unless you have an agreement of ownership of items between the two of you, there are no particular rights, like you would have in marriage. If you have paid the mortgage and have checks on your personal account to prove it, then you have some vested interest in the house and could receive some money in return for that. Paying utilities or for food doesn't really count. (check with a lawyer) Unless you have an agreement of ownership of items between the two of you, there are no particular rights, like you would have in marriage. If you have paid the mortgage and have checks on your personal account to prove it, then you have some vested interest in the house and could receive some money in return for that. Paying utilities or for food doesn't really count. (check with a lawyer)

A vesting deed is an instrument used in the UK that conveys the legal title to land to the Life Tenant under a Settled Land Act Settlement. You should seek the advice of a legal professional.

A vesting deed is an instrument used in the UK that conveys the legal title to land to the Life Tenant under a Settled Land Act Settlement. You should seek the advice of a legal professional.

A vesting deed is an instrument used in the UK that conveys the legal title to land to the Life Tenant under a Settled Land Act Settlement. You should seek the advice of a legal professional.

A vesting deed is an instrument used in the UK that conveys the legal title to land to the Life Tenant under a Settled Land Act Settlement. You should seek the advice of a legal professional.