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Property transfer after death

Five years ago I helped my daughter buy a Condo as her credit was not good enough for a bank loan. She has made every monthly payment for the past five years. My wife passed away two months ago and I would like to know if a [url=http://www.mortgagefit.com/quitclaim-deed.html]Quit Claim Deed[/url] would transfer the property into my daughter's name. Her name is not on the property deed at the present time, only mine although she is paying off the loan each month. What path should I take to make this transfer legal upon my death? Thanks
George Diedrich

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi grdiedrich!

Welcome to forums!

You can add your daughter's name to the property deed with the help of a quitclaim deed. You can get the quitclaim deed forms online or you can even draft it from an attorney. Once the quitclaim deed is filled in properly, you need to notarize it and record it at the county recorder's office. This will give her equal rights towards the property.

You can make a will where you may give the property to your daughter but remember upon your death there will be a probate and then she can get your property. You can also create a joint tenancy with right to survivorship. This will help your daughter to inherit the property upon your death.

Feel free to ask if you have further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My dad put my younger brother on his deed for his home during a diviorce, my brother is in bad finanicial shape and is holding my dad hostage on the property, my dad wants to refianance the property to reduce his debt, my brother will not let him because he said he is on the deed and is half owner, The problem is the deed was drawn up and noterised by a family member of my brothers wife, i feel my dad was taken into this agreement under stress of the devorce and that my brother knew this. My dad wants to know if he can give or will me his part in the property?

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi joscrt,

This topic has already been discussed on the following page:
http://www.mortgagefit.com/propertytransfer/signover-interest.html

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband expired 14 months ago and I now require the premises to be transfered onto my name what are the documents required other than a death certificate

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Freeda!

Welcome to forums!

I guess your husband has not left any will. In that case, you'll have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband expired 14 months ago and I now require the premises to be transfered onto my name what are the documents required other than a death certificate

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marklavender1 | Joined: September 13, 2009 01:45 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

santosh,

it is sad to hear about you.

you need to submit death certificate of your husband along with affidevit of heirship in local contry's office to get property transferred in your name.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

where can I find the affidavit of heirship? Is it just a form?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Guest,

An affidavit of heirship is a form and you need to contact the county recorder's office in order to get the form.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Respected Sir,
Pls let me know which office should I contact for the transfer of property from my father to us.The property is in Nardasnagar,Bhandup(W),Mumbai - 400 073.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sujit,

I guess you're based in India. In that case, you will have to contact a Mumbai based attorney and transfer the property in your name. He will be able to guide you in a better way.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

sir
i lost our husband from road accedient 2004 i have three minear daughter 12 years 9 years and 6 years old iwant to house by my name we paid all bank dues ?what can i do

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rita2's picture
rita2 | Joined: April 23, 2010 10:34 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sangitaa,

Sorry to hear the news of your husband. Don't worry everything will be alright. As per your question I believe there is not will of the property, in that case you need to submit the death certificate of your husband along with affidavit of heirship in local county recorder's office and get the property transferred in your name.
Hope this will help you.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother just recently passed away. She did have a Living Trust and I am the beneficiary. What forms do I need to file to transfer the title of property to my name?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sondie!

Welcome to forums!

You need to contact your attorney and he will help you in transferring the property in your name. As the property is in a living trust, it won't have to pass through a probate.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My father died with proper legal will before his death,I am made executor in the will and also give all share of his property and bank accounts.How to execut his will to tranfer his property and bank account in my name.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi mak,

You will have to probate the will. In order to do so, you'll have to contact an attorney and he will help you with the probate. Once the probate is complete, you'll have to record the will at the county recorder's office and get the property and bank accounts transferred in your name.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello, I am a widow and have 2 daughters ages 21 and 24-both working and in college, residing with me. I was told by a friend of mine recently that I needed a Transfer of Deed upon Death with both of them as beneficiaries in case something were to happen to me. That the TOD would keep the house out of probate and they would not have to pay taxes upon my death. I am the only person on the Mortgage. Thank you.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Kay,

Transfer on Death Deed helps to designate the beneficiary of an owner's real property while the owner is still alive. The real property is then transferred to the beneficiary on the owner's death. There are 12 states which has passed laws allowing for this non-probate method of leaving real property to heirs. Some of these states include Arizona, Arkansas, Colorado, Kansas, Missouri, Minnesota, etc.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can you put a TOD on property if it is not paid for at the time of your death? I have 3 years left to pay for my property and god forbid something were to happen to me, I would hate for it to go to probate? How would I go about it having this done? Thanks, from MO

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Anjelina,

You should contact a real estate attorney and he or she will help you in this matter.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My father passed away 5 year ago the registry of our house is father name now my mother is want to transfer the house of my name . what i do kindly give me right information.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Guest,

You need to contact a lawyer dealing with real estates and he or she will assist you in this regard.

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