Quit Claim deed under Tenancy-in-common

kbrewer9 · Joined: 07 Feb 2006 Posts: 5 0.57 Dollars($)

My dad recently died and executed a quit claim deed to put his house in my name and my two brothers, so we each have 25%. He was thinking that when he died the 25% would automatically pass to us and there would be no need for probate. The title co says the deed is in joint tenancy and therefore requires probate. The quit claim form has no option for joint tenancy or joint in common, so does this indeed need to go to probate. The house is in Nevada

jameshogg · Posted: Tue Feb 07, 2006 3:04 pm Post subject:

Hi,

Joint tenancy is ownership is used generally to avoid probate. So, I don't think that the Title Company is correct in asking for a probate for joint tenancy.

I am going to ask a real estate attorney and discuss your situation and will come back.

James

Guest 0.10 Dollars($)

Probate is unnecessary for a Real property held in Joint Tenancy. The only requirement for the surviving joint tenant is to get the death certificate recorded in the local County Clerk's office.

kbrewer9 · Joined: 07 Feb 2006 Posts: 5 0.57 Dollars($)

Sorry, it was not in joint tenancy. The form has no option for either joint tenancy or Tenants in common, so how can the title co say that the deed is tenants in common which requires probate??? Thanks

Samantha · Posted: Tue Feb 07, 2006 3:23 pm Post subject:

Hi,

Welcome to MortgageFit Forums.

Joint tenancy is the process of real estate ownership by two or more people in which the survivors automatically gain the ownership of a decedent's interest.

I think that's why they are assuming it incorrectly that it is a case of joint tenancy where the ownership of your father automatically passes to you and your brothers.

God bless you.

For MortgageFit,
Samantha

kbrewer9 · Joined: 07 Feb 2006 Posts: 5 0.57 Dollars($)

Smantha,
They are assuming that it is TENANT IN COMMON, NOT JOINT TENANCY. That's the problem, if the form has no option to declare either, why do they assume Tenants in Common???

Samantha · Posted: Tue Feb 07, 2006 3:36 pm Post subject:

Hi,

I am trying to make all the things clear to you.

In case of joint tenancy the interest in the property passes automatically to the surviving joint tenant upon death.

If it is a tenancy in common, then the interest of the deceased person passes to his heirs at law and not to the surviving tenant.

If it is not mentioned, then tenancies are pre-assumed as tenancy in common.

God bless you.

For MortgageFit,
Samantha

kbrewer9 · Joined: 07 Feb 2006 Posts: 5 0.57 Dollars($)

Samantha,
Thanks for all your help. It's not an easy time for us, but people like you make it alot easier to bear.
Karen

Samantha · Posted: Tue Feb 07, 2006 3:43 pm Post subject:

Hi Karen,

I can understand the tough time that you are going through and wish you come out of the trouble soon.

I shall also suggest involving a real estate attorney in the process so that much of the confusions and trouble can be avoided.

God bless you.

For MortgageFit,
Samantha

jameshogg · Posted: Tue Feb 07, 2006 3:50 pm Post subject:

Hi,

I talked to a real estate attorney who informed that probate is the formal legal process which requires an executor to be appointed for administering and distributing the assets to the intended beneficiaries.

Since the law of each state varies, so it is always better to consult an attorney to find out whether a probate is necessary.

James

kbrewer9 · Joined: 07 Feb 2006 Posts: 5 0.57 Dollars($)

Thanks James

blue · Posted: Tue Feb 07, 2006 3:55 pm Post subject:

Hi Karen,

Generally it is necessary for a probate in the county where the property is located in case of tenancy in common.

Regards,
Blue

kbrewer9 · Joined: 07 Feb 2006 Posts: 5 0.57 Dollars($)

Is it really necessary to retain an probate attorney or can one just download forms off the web??

blue · Posted: Tue Feb 07, 2006 4:07 pm Post subject:

Hi,

Yes, it is necessary to hire an attorney if there is no will so that all the debts of the deceased can be paid off and that is the reason why there is Probate. Property taxes, personal taxes charge cards etc. are included.

Regards,
Blue

m_fmhg · Joined: 04 Feb 2006 Posts: 2 0.07 Dollars($)

m_fmhg/asked question yesterday/no reply yet/please research & reply. God bless!

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