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Survivorship of a fee simple deed

Posted on: 07th Apr, 2009 09:10 am
Deed to a home is in the husband & wife's name only. No right of survivorship only fee simple. Husband dies. Does the step-daughter have any claim to the property?
Here only husband has died but the second owner of the property is still living so there is no question of transferring the property to the step daughter. So, with the permission of the actual current owner (here in this case 'wife')

one can prepare a nomination documents for the property and then that will be a good document in the future for the reference and thus you can avoid any dispute in the future.

:wink:
Posted on: 07th Apr, 2009 09:20 am
Yes I agree with Manoj Gopale.
Here is not more questions about property transferal while second owner is alive. So alive owners is heir of this property.
So this is simple thing. Legally they are real owner of Property.

Thanks.
Posted on: 07th Apr, 2009 10:02 am
Hi

As the husband and the wife are not listed as joint tenants with right of survivorship, the wife may not get the husband's share of the property straight away. If the husband had not left any will, the step daughter may file an affidavit of heirship with the probate court. The court will then decide who should inherit his share of interest in the property.
Posted on: 08th Apr, 2009 07:08 am
"nomination documents"? nice of gunz to agree, at least.

it would make a great deal of sense at this time to be in contact with the probate court, as savior noted; and/or an attorney who has knowledge of estates, etc.
Posted on: 08th Apr, 2009 08:36 am
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