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fpc · Joined: 04 Apr 2011 Posts: 5 2.42 Dollars($)

This situation occurred in Jackson County, MS. I asked the recorder's office for help and was told to hire an attorney.

My friend's husband passed away in February, 2011. He left no will and no trust. His name and his surviving spouse's name appear on the deed for their house. I need to verify that the deed includes Survivorship in the title. I believe she said it did.

I want to help her quit claim the house to a trust. But I figure I first need to make her the sole owner of the house. Perhaps I can use one of the following forms in MS: Affidavit of Heirship, Affidavit of Death of Spouse, or Change in Ownership Statement.

She and her deceased husband have two grown children.

Will one of those work in MS without going through probate or hiring an attorney? If not, what advice can you provide?

Thank you so much!

dipaligopale · Joined: 25 May 2010 Posts: 790 22.70 Dollars($)

HI FPC,

Welcome to Mortgage fit,

You can file an affidavit of heirship to the county office and once the property is completely transferred to the lady it can be transferred to the trust thereon...I don't think you will need a help from an attorney in order to file all these docs....If you are in need of the draft for the affidavit of heirship there are plenty of websites where you can get those drafts either free or you need to pay for it....So it will save your time as well as money towards the attorney.....

Feel free to ask any further query if you have......

DIPA

smithsussane · Posted: Mon Apr 04, 2011 9:41 pm Post subject:

Hi fpc!

Welcome to forums!

Your friend will have to file an affidavit of heirship at the county recorder's office and get the property transferred in her name. Once the property is transferred in her name, she will be able to include it in a trust. It is better to contact a real estate attorney and take his help in filing the affidavit of heirship.

Feel free to ask if you've further queries.

Sussane

fpc · Joined: 04 Apr 2011 Posts: 5 2.42 Dollars($)

Thank you for the guidance and for the warm welcome!

The affidavit of heirship is complete and ready to file.

The deed is assigned to: "John D Doe and wife, Jane D Doe, as joint tenants, with right of survivorship, not tenants in common".

I indicated that I was the Preparer and that the affidavit should be returned to the widow if recorded. I used a friend of theirs to act as the affiant.

Question 4 asked whether she had an administrator. I answered No. I am hoping that will not be an issue.

Question 14 asked whether the decedent owned any real estate. I answered Yes but I included the way the deed was assigned as I quoted above. It would seem that the decedent was a joint owner rather than the sole owner.

Does everything seem OK?

Again, Thank You for the help,
Frank

fpc · Joined: 04 Apr 2011 Posts: 5 2.42 Dollars($)

In addition to the questions and issues above, I've run into another issue.

The person I had selected to be the affiant doesn't feel comfortable verifying that the decedent really doesn't have a will and had no previous marriages, no previous children, etc. All perfectly understandable concerns.

So... Should the affiant be someone who knew the decedent all of his life? Is there a guideline in that regard?

I knew the decedent since before he was married, but I am in Kansas and the decedent is in Mississippi. I was wanting things to be as simple as possible. Could it be an issue if I was the affiant and had a notary here in Kansas notarize the document and then mail it to MS?

Thank You,

Frank

adonis · Posted: Tue Apr 05, 2011 7:29 pm Post subject:

Welcome fpc,

I feel that the questions asked to you and the replies that you had given are perfectly fine. Nevertheless, it would be better if you could have a word with a real estate attorney and also take his opinion in this matter.

As far as the affiant is concerned, it will be better if the person is someone who knew the decedent all throughout his life. But I don't think there is a guideline in that regard. The deed should be notarized and recorded at the county recorder's office where the property is located.

fpc · Joined: 04 Apr 2011 Posts: 5 2.42 Dollars($)

Thank you for the ongoing support!

The affiant has been a friend of the decedent since 1963. So that is a good deal. However, he had to state he was not aware of any debts owed by the decedent rather than to state the decedent had no debts. I had to agree that question seems out of place insofar as heirship is concerned.

One question I have is: What do you anticipate my problems to be if I do not enlist the services of a real estate attorney or other paid professional?

I plan to have the widow take the affidavit, death certificate, and deed to the recorder's office early next week. I further hope that will be sufficient to remove the decedent's name from the deed.

Thanks again,
Frank

jameshogg · Posted: Thu Apr 07, 2011 12:50 am Post subject:

Hi fpc,

It will be better if you could go for a title search in order to find out whether or not there is any liens on the property. It is better to hire an attorney as he/she might assist you in getting the title search done.

Thanks

fpc · Joined: 04 Apr 2011 Posts: 5 2.42 Dollars($)

OK. Thanks. She does have a recent letter from the Mortgage company that indicates the mortgage has been completely paid off. But, while it hasn't happened, she could have taken out a home equity loan on the house after the letter was received.

If it was deemed necessary by the Recorder's office, could she pay a title company to conduct a title search? Would that be less expensive than hiring an attorney?

Thank you for the ongoing guidance with this.

smithsussane · Posted: Thu Apr 07, 2011 10:33 pm Post subject:

Hi fpc!

Welcome to forums!

I won't be able to tell you about the expenses, but if she wishes, she can take the help of a title search company in order to conduct a title search.

Feel free to ask if you've further queries.

Sussane

jimekkony · Joined: 01 May 2011 Posts: 3 1.48 Dollars($)

The surviving spouse gets the first and most favor treatment.If there are no children or grandchildren, the surviving spouse receives all of Florida. The surviving spouse is not entitled to interest under the provisions of any property in which the life of the deceased person are made such a conveyance.

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