What is a Short Form Deed of Trust?

A deed of trust (DOT), also known as a trust deed, is a document that conveys title to real property to a trustee as security for a loan until the grantor (borrower) repays the lender according to terms defined in an attached promissory note. It’s similar to a mortgage, but differs in that mortgages only includes two parties (borrower and lender). The laws of each state determine whether to use a deed of trust or a mortgage.

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Understanding Personal Representative Deeds During Probate in Indiana

When we die, another person becomes responsible for managing the assets we leave behind. If we die testate (with a will), this person is called an executor. If we die intestate (without a will), or other specific situations occur, the court supervising the probate estate appoints an administrator. Once the executor or administrator is in place, Indiana laws do not distinguish between the terms, and simply identify this individual as a “personal representative.” See IC 29-1-1-3(23) for the list of titles included under this name.

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Transferring Real Property from an Illinois Estate

Find the Illinois laws for dealing with a decedent’s real property at 755 ILCS 5/20.

Probate is a court-supervised, lawful distribution of a deceased individual’s assets. The nature of the probate case depends on whether the decedent died testate (with a last will and testament) or intestate (without a will). In both cases, someone acts as the decedent’s personal representative and performs the tasks associated with settling the estate.

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Arizona Beneficiary Deeds and the Right of Survivorship

Arizona’s beneficiary deeds are governed by A.R.S. § 33-405.

Beneficiary deeds are estate planning instruments that allow owners of Arizona real estate to retain absolute control over their property, with the freedom to use, modify, or sell the land at will. When lawfully executed and recorded, beneficiary deeds convey a potential future “interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the death of the owner,” subject to all the owner’s related obligations (§ 33-405(A)).

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