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September 22, 2023April 25, 2024

When in Delaware… A Homeowner’s Deed Must Be Filed With the Register of Wills

What happens with Delaware real estate deeds when someone dies? The home’s title (whether the owner dies with or without a will) vests immediately in the beneficiaries’ names. The home county’s Register of Wills sends the deed to the County Assessment Office. That’s how a title is transferred upon death. There’s no need for a …

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February 17, 2021April 25, 2024

Escheat Homes and the Bizarre Business of Heir-Tracing

There’s an old saying: Where there’s a will, there’s a relative. Like many old sayings, this one is nearly always true. Still, what if someone dies, leaving no heirs to take title to a house left behind? In some cases, wills are found, but they either rule out or just fail to name any currently …

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November 27, 2020April 25, 2024

What Happens When Wills and Deeds Conflict?

When a person passes away, the death certificate and last will are submitted to the county probate court. A person representative begins the process of passing assets along as the will directs — except when other valid legal instruments have priority. One of those instruments is the all-important real estate deed. Houses can be left …

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August 21, 2015April 25, 2024

Understanding Transfer on Death Deeds

Real estate is often one of the most significant assets to consider in a comprehensive estate plan. There are several ways to distribute the property after the owner’s death. Some of the more common options are wills, trusts, joint ownership, or transfer on death (TOD) deeds. Note: unless identified otherwise, all definitions originated with Black’s …

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September 20, 2023April 25, 2024

I Deeded My Property to Someone Else. Can I Revoke My Gift?

Giver’s regret isn’t unusual. A desire to void the gift of a home after transferring the deed could happen for various reasons. Perhaps you recovered from a serious illness and could really use that home after all. Or maybe your tax expert told you that letting someone wait to inherit your home would be better …

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September 18, 2023April 25, 2024

Dower Rights for Surviving Spouses: Does Your State Still Have This Old English Relic?

If you live in Michigan, your state ended its dower rights in 2017. But if you live in Arkansas, Kentucky, or Ohio, dower is still on the books in your state. This musty old legal provision gives spouses a peculiar set of real estate protections. Kansas, too, has a “dower-like” provision in its KSA 59-505. …

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January 29, 2024April 25, 2024

Multigenerational Homeownership: How the Deed Is Vested

Millions of U.S. households have multiple adult generations. How do they divide up the worth of their home and the upkeep that goes into it? Who pays the mortgage, insurance, and property taxes? What happens if an owner leaves the home, or passes away? A lot comes down to good deed planning. In this discussion …

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August 4, 2023April 25, 2024

We’re Buying a Home as Co-Owners. How Should We Say It on the Deed?

In this pricey housing market, people are finding creative pathways to homeownership. Co-owning isn’t always a buyer’s first choice, but it’s one way to help buyers get homes that would otherwise be out of reach. If you’re thinking of co-owning, how will you handle the mortgage? And how will you define the status of …

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April 7, 2023April 25, 2024

Warning: When Not to Sign Over Your Deed

Transferring the deed to your home is a simple matter. Generally, you just have to find the current deed to your home, then get the right deed form to write up your new deed to convey to another party, and take the document to a notary. Then your signature can be notarized and the deed can be …

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September 7, 2022April 25, 2024

Can I Give My House to a Friend?

For various reasons, some homeowners wish to leave their home or condo to a friend. Whether you want your friend to have the title during your life, or after you’re gone, here’s how it’s done.