Wills Archives - Deeds.com

January 4, 2021April 25, 2024

Don’t Be the Intestate Homeowner: Write Your Will

No homeowner should die intestate. In plain English: Every homeowner needs a will.

By now, everyone knows life is fragile. Nobody has forever and a day to put an estate plan down in writing.

And if you do leave things hanging, and you do pass away without a will, or without some combination of a will and other instruments to convey property, you’ll leave assets to be distributed under the state’s intestacy laws. States try to send everything to your closest relatives, and if you’re single without children, the state will contact siblings and so on, and pass your property to them. That might be OK with you. But if you’re like most homeowners, you’d prefer to decide for yourself.

If you’re a parent, it’ll be hard for your family to agree on what to do without your written guidance. You also need a will to bequeath assets to non-family members or nonprofits. You need a will, too, to explain why you are not giving your home to a close family member if you choose not to. Otherwise, you might be setting up a will contest after you pass.

When a person’s wishes are logically thought out and expressed through a will, though, messy scenarios are far less likely to unfold.

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 to their owners’ chosen beneficiaries through wills. But when someone who co-owns a house passes away, questions may arise as to what the last will says versus what the deed says. In case of a conflict, does the last will get the last word? Short answer: probably not. The long answer starts with the way the title is vested.

Survivorship Rights Vs. Tenancies in Common

When an owner dies, a properly signed and recorded deed directs and channels the person’s property interest to its next owner, typically according to the following rules.

January 14, 2020April 25, 2024

If You Inherit a House, Act. A Cautionary Tale About Putting Off Probate

Image of part of a house on a cliff near a fog covered body of water. Captioned: Real Estate Inheritance, A Cautionary Tale About Putting Off Probate. — A Cautionary Tale About Putting Off Probate

Five years ago in Texas, John died, willing his house to a nephew, A.W.

Today, A.W. wants to get ready to sell the house, and pay off some debt.

Here’s the rub. The will never went through probate, and a different relative of John’s has been living in the home all this time.

Who gets the house?

A.W. was named as the next owner in the will, and never refused the deed. So, legally, A.W. owns it, right? Wrong. Procrastination is the thief of assets, as A.W. learned the hard way. A will does not enact itself. It has to be probated according to a timeline.