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Special Warranty Deed vs. Affidavit of Heirship

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sandraann28 Joined: 19 Feb 2009 Posts: 1 1.40 Dollars($)	Posted: Thu Feb 19, 2009 1:53 pm    Post subject: Special Warranty Deed vs. Affidavit of Heirship Like 0 Dislike 0 My husband and his brother have a special warranty deed for 3 acres of land that was filed at the county clerks office in 1990. Recently we found out his half sister was listed on the property taxes. This was because of an affidavit of heirship filed in 1994 after the death of my husbands father. If the deed is dated before the affidavit of heirship, would my husband and his brother (as stated on the deed) own the land or would the half sister, my husband and his brother own the land (affidavit of heirship)?
jenkin7 Joined: 04 Jun 2007 Posts: 4537 Location: Hawaii 728.43 Dollars($)	Posted: Thu Feb 19, 2009 11:09 pm    Post subject: does affidavit of heirship override warranty deed? Like 0 Dislike 0 Hi sandraann, A warranty deed transfers title free and clear of any claims and liens. Since you say the warranty deed was filed in 1990, your husband and his brother became the legal owners of the property from then on and as your husband's father wasn't on the deed, he held no right to the property. Thus, filing a affidavit of heirship after a warranty deed has already been signed doesn't make sense. Legally your husband and his brother own the property, not his half-sister.
Caroline HARRELL Guest	Posted: Mon Feb 14, 2011 4:43 pm    Post subject: WARRANTY DEED AND AFFIDAVIT Like 0 Dislike 0 My mother passed away a year ago. I have a warranty deed. The county clerks office says I need to send in a death certificate and an affidavit to take her name off of the property taxes and house. Do I really need to fill out an affidavit since I have a warranty deed and a Bill of Sale from 1999. Oklahoma
smithsussane Joined: 18 Sep 2008 Posts: 10439 Location: Alaska 985.83 Dollars($)	Posted: Mon Feb 14, 2011 9:37 pm    Post subject: Like 0 Dislike 0 Hi Caroline! Welcome to forums! You will have to fill out an affidavit of heirship in order to remove your mother's name from the warranty deed. If you don't do so, your deceased mother's name will remain on the deed. Feel free to ask if you've further queries. Sussane
Mary V Guest	Posted: Sat Feb 26, 2011 10:43 am    Post subject: will Like 0 Dislike 0 If you have a property transfer affidavit that was filled in, in 1999 would it override a will done in 2004?
adonis Joined: 22 Oct 2005 Posts: 10562 Location: ALASKA 1089.18 Dollars($)	Posted: Sun Feb 27, 2011 10:07 pm    Post subject: Like 0 Dislike 0 Welcome Mary, If you have a property deed mentioning that you are the owner of the property, then it will override a will. This is because, a will comes into affect after the death of a person whereas a property deed will come into effect immediately in the lifetime of the grantor. _________________ Procrastination is the enemy of your financial success

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