DECEASED HUSBAND

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ROSANNE

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Post Posted: Fri Aug 31, 2007 10:06 pm    Post subject: DECEASED HUSBAND
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MY HUSBAND RECENTLY DIED AND THE DEED TO OUR HOUSE IS IN BOTH OUR NAMES. WOULD I USE A QUITCLAIM TO REMOVE HIS NAME FROM THE DEED. ALSO, WE HAVE A SMALL PRIVATE MORTGAGE IN BOTH OUR NAMES. WOULD THIS AFFECT IT? THANK YOU, ROSANNE
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Icon Mini Profile larry





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Post Posted: Fri Aug 31, 2007 10:39 pm    Post subject:
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Hi Rossane,

Welcome to the forum.

You cannot use a quitclaim deed to remove the name of your dead husband from the property as this will require his signature on the deed. Rather you can use an affidavit of heirship as this will help to remove your husband's name from title to the property. After signing the deed, you will gain sole ownership to the title.

As far as the loan is concerned, you can refinance by taking a new loan in your name and repay the earlier one. It will not affect the title to the property.
Rosetta

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Post Posted: Sat Sep 01, 2007 4:44 am    Post subject:
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Hi Rossane,

The loan against the property will not affect the title transfer. The affidavit of heirship will not be affected by it.
Icon Mini Profile carnahandavid
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Post Posted: Sat Sep 01, 2007 11:42 am    Post subject:
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Hi Rosanne,

Sorry to hear about death of your husband.

As the mortgage was in both names after your husband's death, the mortgage company can ask for it to be paid off or refinanced in your name. You should contact them to know if you would be allowed to continue the payments or not.

And like others said, a quit claim deed cannot be used as grantor's signatures are required on the deed for property transfer.
pat

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Post Posted: Sat Sep 01, 2007 6:17 pm    Post subject: affidavit of heirship
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Can you do an affidavit of heirship even if you are on the title but not the loan?
Icon Mini Profile miller_st
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Post Posted: Sat Sep 01, 2007 7:00 pm    Post subject:
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Affidavit of heirship is not related to the loan Pat.

This affidavit is used for distribution of property a person has after his death.

Miller
carmen

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Post Posted: Wed Oct 29, 2008 6:55 am    Post subject:
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my husband died a year ago and I'm selling my house in both our name.how can I change into single ownership to title company.
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Post Posted: Wed Oct 29, 2008 12:22 pm    Post subject:
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Well if you're selling your home this shouldn't be a problem at all, the title company should tell you exactly what they'll need - a copy of the death certificate for starters, they will probably have an affidavit done.
Icon Mini Profile sara
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Post Posted: Thu Oct 30, 2008 3:03 am    Post subject:
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Hi carmen,

I agree with the guest. You'll have to file an Affidavit of Heirship and get the title in your name before you sell off the house.

Take Care

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Icon Mini Profile jheard
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Post Posted: Thu Oct 30, 2008 9:18 am    Post subject:
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If title is held as "Joint Tenants" title passes automatically to the surviving joint tenant as full owner. Nothing needs to be done for title. Contact the mortgage company regarding the mortgage.

If not, the deceased person's property interest passes to his heirs based on the deceased's will. To transfer property with a will, you must go to probate court.

If no will, it passes "intestate" according to the law of your state. Intestate succession usually goes to the spouse. If no spouse, then to the kids. To transfer property intestate, you may use an "affidavit of heirship" or you may have to go to probate court.

Consult with a local probate attorney.

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Disclaimer: This is not legal advice and I am not your lawyer. The information provided here is for educational purposes only, and is not a substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
Crystal

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Post Posted: Mon Jan 12, 2009 9:43 am    Post subject: Transferring Property
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My father passed away a week ago and I am his only child, how do I get the land and cars transferred into my name. I think that their is a Will. I am a resident of Florida.
Icon Mini Profile jameshogg
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Post Posted: Mon Jan 12, 2009 10:46 pm    Post subject:
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Hi Crystal,

If there is a will, then the will needs to be probated. Once the probate is complete the property will be divided according to the will. If your father has mentioned you as the beneficiary of the will, then the property will be transferred in your name after you file the deed at the county recorder's office.

Thanks
Angie41

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Post Posted: Tue Apr 13, 2010 7:38 pm    Post subject: Vehicles
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Do I have to put the estate in probate when it consits of just a vehicle under 7 thousand dollars and whom is entitled to hiership of said vehicle?
Icon Mini Profile jameshogg
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Post Posted: Tue Apr 13, 2010 11:06 pm    Post subject:
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Hi Angie,

If the owner is deceased, then the heirs are entitled to get the said vehicle. As far as probate is concerned, I would suggest you to speak to an attorney and take his opinion in this regard.

Thanks
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