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It is commonly used deed
Survivorship deed is a type of deed widely used when a husband and wife can purchase property together. The deed then allows the owners of the property to avoid a probate upon the death of one spouse.
However, when the remaining survivor dies, the property will be handed over to the court for probate process to be carried out for the determination of the future owners.
When a husband and wife together purchase a property, a survivorship deed is used. This deed allows the owners to avoid probate upon the death of any of the spouse. With this type of deed, the last surviving spouse gains the complete ownership of the property. You should consult with a lawyer before using the deed between parents and children, siblings or unrelated parties. When the second partner dies, however, the property is subject to probate.
I cosigned on a property that is not in the state where I live. I want to turn the title to him at my death to keep it out of probate. Is this possible?
If you want to avoid the time-consuming and costly probate process, you can simply sign a quitclaim deed as the grantor transferring the title to him as the grantee, while retaining a life estate for yourself. This will allow you to live in the house as long as you survive and upon your death the title will pass onto him without the property going through any probate process.
I recently remarrid and we live in a home that is in my name. I want my new wife to be able to live in the house if I pass away first. But when she passes away I want my daughter to have the house. The daughter is by my first marriage. Can I do this with a suvivorship deed and how?
I think you can add your wife to the title of the house through a deed, either a quitclaim or a warranty deed. Once this is done, you both can sign over the title to your daughter while retaining a life estate for both of you. You can also get all three of you listed as joint owners with right of survivorship.
Can s survivorship deed be transferred to a warranty deed?
Welcome to forums!
Survivorship deed is used to transfer property between husband and wife. I don't think you will be able to transfer the existing deed into warranty deed. It would be better if you could file a new deed. However, you should note that you can use a warranty deed only if you hold title clear and free of liens and have the right to transfer or sell it to the grantee or the buyer.
Feel free to ask if you have further queries.
My daughter and i are buying a house together. when i die i want the property to go to her and not part of my estate.
You can go for a joint tenancy with right to survivorship. This will help your daughter to directly become the owner of the property after your death.
bought property with boyfriend, i am only one making payments, we did a survivorship deed, (thinking would have a house on it etc) so that if I died before him.. my children could not take it from he. meantime he filed the deed ( it was just kept at attorneys) for his protection, he owes money to goverment and others, can leins be on put on this property?
As there is a survivorship deed between you and your boyfriend, he will inherit the property after your death. As he is one of the owners of the property now, his creditors may place a lien on the property in order to recover the dues.