A currently-married woman cannot transfer property to her maiden name (which is no longer being used) simply to avoid losing the property to a judgment in a current or potentially upcoming litigation. [ Read More… → ]

Generally, the phrase “deed in lieu of foreclosure” explains the process more so than any actual deed itself. [ Read More… → ]

Standard Legal’s Survivorship Deed (using either the Quitclaim or Warranty versions) must be modified slightly to reflect the change from Joint Tenants to Tenants by Entirety. [ Read More… → ]

If a party is refusing to execute a Deed to transfer property pursuant to a court order to do so, then the party to whom the property is to be transferred has the right or option to seek the court’s assistance in compelling such transfer. [ Read More… → ]

While this matter can vary by state, generally ownership in a mobile home is evidenced by a title (much like a vehicle). [ Read More… → ]

Payments against a mortgage need to be made by someone, be it parents or child, if either party wants to keep the Deed to the house. [ Read More… → ]

A “Special” Warranty Deed is used in limited circumstances and, in most cases, it limits the nature of the title transferred. [ Read More… → ]

Only property that is wholly owned by the decedent at the time of his or her death will be handled by a probate proceeding, regardless of any provision in a Will. [ Read More… → ]

As there are many different Deed structures, the original deed must be carefully examined to determine the authority available to transfer the property. [ Read More… → ]

A Power of Attorney document is created and signed by a grantor to allow one person to conduct business on behalf of another.

Typically, a Power of Attorney document must specify the type(s) of business that can be conducted on behalf of the person granting the Power of Attorney (or grant permission for ‘all types of personal business’).

So intent matters.  [ Read More… → ]

Many recorder’s offices will not accept a deed that has not been notarized. [ Read More… → ]

A property ‘intended’ to be included in a Living Trust cannot be considered part of the Trust. Instead, a probate case may need to be open so that the probate court can issue an order transferring title to the property per state law.

Signing a Quitclaim Deed with a different name other than the same name as on the original deed — be it a former name or a maiden name — could create issues with the transfer of title. [ Read More… → ]

A lending institution is more likely to loan money when it feels that there is adequate security for its loan.  While a lender may make a loan to one person who is to be the co-owner of a home (disregarding the other), most conventional loans require that both owners sign the note and grant the mortgage to secure the loan. (The theory is that payment from two sources is better than payment from one from the perspective of the lender.) [ Read More… → ]

Regardless of the desires of all the siblings / beneficiaries, a piece of property cannot simply be assigned to one person if a Last Will and Testament does not exist or specifically direct as much. [ Read More… → ]

An owner of real estate can file a “quiet title” action asking the court to issue an order vesting title in the person bringing the lawsuit. But the process requires some very specific steps, and is left up to a judge to decide. [ Read More… → ]

Yes, a new Deed can be prepared and filed to replace a Payable Upon Death deed. The provisions of the newly created Deed will supersede the Deed currently on file. [ Read More… → ]

A quitclaim deed is exactly the document a person would use to transfer ownership interest and title for a piece of real estate, be it as a gift or sale. But there are two considerations in completing this transaction. [ Read More… → ]

A person can transfer ownership in real property to a third party via quitclaim deed and this can occur even if the property is mortgaged. But a number of situation-specific considerations must be reviewed. [ Read More… → ]

This question addresses a highly complicated legal situation.

In retrospect, the best way to effectuate the desires of the father in this situation would have been to change the property’s Deed to grant a ‘life estate’ to the stepmother, with a remainder interest to the children. That way, the mother was free to reside in the home for the duration of her life and upon her death the ownership would have passed to the children.

But even in the probate of the estate after the father’s death, such a situation can be created. If the father used a Will rather than a Deed to convey his wishes, the probate process itself can be utilized to create the same ‘life estate’ result, with a life interest being transferred from the probate estate to the stepmother while she is alive and a remainder interest to the children after she passes.

Either way, both of these process can be complicated and the use of a qualified attorney is highly recommended. [ Read More… → ]