A Last Will & Testament cannot create a binding “Life Estate” in real property, as it is not a deed.

Life Estates are created by transferring certain interests in a real property via a deed (i.e. a deed to a third party which retains a life estate in the grantor).

While a Last Will and Testament can certainly provide notice of the deceased person’s desires or intentions [ Read More… → ]

Without addressing issues regarding the transfer between family members or what may or may not have been “intended”, once a deed is signed and filed with the appropriate county land office, the property is deemed transferred. [ Read More… → ]

Once a deed is signed by the Grantor (the seller), provided to the Grantee (the buyer), and then recorded with the appropriate governmental office, the property deed cannot be taken back. [ Read More… → ]

Most states in the USA require the same “legal language” for the different types of Deeds that are most commonly used (be it a Quitclaim Deed, a Warranty Deed, a Survivorship Deed, etc.). But some states have specific language requirements, and that means the use of specialized state forms in those situations. [ Read More… → ]

As parents get older, many times a child of those parents will want to add his or her name to the Deed of the parent’s property. [ Read More… → ]

The parcel number and prior recording date should be contained on the existing Deed for the property. If you do not have a copy of the existing Deed, check with your county recorder’s office.

A “Tenancy in Common” is presumed by law to be created by the use of a deed transferring property to two or more people [ Read More… → ]

Neither. Once someone has died, property cannot be [ Read More… → ]