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The Connecticut Probate Court oversees the transfer of a decedent’s property to those entitled to it in a process called probate. All property the decedent owned at the time of death must go through probate, excluding survivorship assets, assets held…
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Arkansas Probate and Inheriting Real Property
Probate is the court process of estate administration by which property is devised by will or distributed through laws of intestacy to the decedent’s rightful heirs. The estate administration process varies from case to case, depending on such factors as…
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Colorado Probate: Devising, Distributing, or Selling a Decedent’s Real Property
When acquiring real property, it is important to consider your plans for the property following your death, and make estate planning decisions accordingly. Many factors determine what will happen to property in the event of an owner’s death, including the…
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Real Property and the Probate Process in Alaska
What happens to an Alaskan’s home after death? The answer depends largely on how the decedent vested title and whether he or she took advantage of any estate planning tools available in Alaska.
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Conveyances of Real Estate by Living Trusts in Alaska
A trustee’s deed transfers real property from a living trust. Living trusts are estate planning vehicles created by a settlor during his lifetime. The trust allows the settlor to establish his intentions for how his assets will be distributed upon…
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Transferring Real Property from a Living Trust in Alabama
In a trust arrangement, a settlor transfers property to another person (the trustee) for the benefit of a third (the beneficiary). Because the trust is not a person, title to any real property transferred to the trust should be vested…
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Conveyance of Real Estate by Personal Representative During the Alabama Probate Process
Title 43 of the Alabama Code (Wills and Decedents’ Estates) governs estate administration and probate in that state. Probate is the legal process by which a decedent’s property is distributed to those legally entitled to it.
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Real Property Transfers by Trust in New Mexico
A trust is an alternate option for holding title to real property. Trusts involve three parties: the settlor (sometimes called the grantor), who contributes property to the trust; the trustee, who holds title to the trust property and administers the…
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Real Property Transfers out of Living Trusts in North Carolina
In the State of North Carolina, living trusts are governed by the North Carolina Uniform Trust Code, at Chapter 36C of the General Statutes. (Business trusts are governed by Chapter 39, Article 8 of the General Statutes.)
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Transferring Real Estate from a Living Trust in New Hampshire
A trust is a property interest wherein a settlor conveys assets to a trustee, who holds the title to those assets for the benefit of a third party (the beneficiary). Valid trust instruments also identify the relevant assets, state the…
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Conveying Real Property from a Living Trust in Nevada
For purposes of estate planning, a living trust allows the trust maker to make decisions about their assets in the event of death. The settlor establishes the terms and assets of the trust in a document called the trust instrument.…
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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…
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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…
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Guide to Affidavit of Trustee Documents in Minnesota
The affidavit of trustee for real property transactions is codified at Minn. Stat. § 501C.1014. It contains sworn statements made by a trustee regarding the trust which they are representing and their authority to enter into the transaction affecting the…
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Understanding Massachusetts Trusts, Trustee’s Deeds, and Trustee Certificates
A trust is a legally binding arrangement whereby a settlor transfers title to another person, the trustee, for the benefit of a third, the beneficiary. Trusts in Massachusetts are governed by the Massachusetts Uniform Trust Code, codified at G.L.c. 203E.…