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Estate Planning and Your Vacation Property
It’s exciting to buy vacation or retirement property, especially if it means there is somewhere fun to visit when it’s cold or otherwise miserable at home. We dream of family and friends gathering at a beach house or cabin, and maybe even passing...

Conveying Real Property from a Living Trust in Louisiana
Under R.S. 9:1732, trusts under the Louisiana Trust Code are either testamentary (to take effect upon the settlor’s death) or inter vivos (to take effect upon the trust instrument’s execution). Find the laws governing trusts and trust administrat...

Conveying Trust Real Estate in Kentucky
In the Commonwealth of Kentucky, trustees use the same deed forms applicable to regular transfers to convey real property out of a trust. The type of deed required depends on the type of warranty of title the trustee wishes to convey. According to...

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 tes...

Iowa Trustee’s Affidavits – Who Needs ‘Em?
Turns out, everyone! Everyone who records a trustee’s deed, anyway. For any transfer of real property from a trust, Iowa requires a recorded trustee’s affidavit under Iowa Code § 614.14, to be recorded and delivered to the purchaser alongsid...

Idaho Has Two Trustee’s Deeds – What’s the Difference?
When choosing a trustee’s deed in the State of Idaho, it is important to understand the difference between the two very different types of conveyances the term can refer to: the trustee’s deed as used in estate planning, and the trustee’s deed ...

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 th...

Recording in Hawaii: What the FAQ?
Documents affecting real property in Hawaii can be recorded in either the Land Court, also referred to as the Torrens system, or in the Regular System (also referred to as the Abstract system). A document recorded in both is referred to as “dual sy...

Thinking About Do It Yourself Real Estate Deeds?
Often, we visit the Internet for help completing a project on our own, without hiring an expert. Tutorials exist on almost every topic: the best way to melt chocolate, how to change the brakes in our cars, the most effective tinfoil for making those ...

Foreign Investment in Real Property Tax Act
Beginning on February 16, 2016, the rate of tax withholding required by the Foreign Investment in Real Property Tax Act (FIRPTA) will increase from 10% to 15%. FIRPTA imposes federal tax on the sale of an interest in real property located in the Unit...

What Is a Due on Sale Clause?
What Is a “Due on Sale” Clause and What Does It Mean to Me? Many people obtain loans to buy real estate. The term “security instruments” is a catch-all phrase used to describe these loans, whether they are mortgages or deeds of trust, and ...

About Oregon HB 2127 (2015)
Property taxes are a fact of life for most real estate owners. Publicly held property, however, including that owned by the federal government (ORS 307.040) and state and local government (ORS 307.090) is exempt from property taxes. What happens when...

Giving Up Ownership of Real Estate When You're Still on the Mortgage
It's every homeowner's nightmare scenario: you get a phone call from a mortgage company, telling you your home is in foreclosure and that you must pay now or face an avalanche of debt and legal actions. But you signed the house over to someone else m...

Why Aren’t There Trustee’s Deeds in New York?
Trustee’s deeds are used to convey property under a deed of trust in non-judicial foreclosures. However, New York repealed its non-judicial foreclosure laws in 2009 and became a mortgage-only state [1]. New York’s foreclosure process now must go ...

Trustee Deed Used for Non Judicial Texas Foreclosures
Non-judicial foreclosures in Texas are governed by Chapter 51 of the Texas Property Code, which outlines the foreclosure process for residential property, or the property used by borrowers as their principal residence [1]. Foreclosures of non-residen...

Transfer on Death Deeds for California Real Estate
As of January 1, 2016, owners of residential real property in California have access to a new estate planning tool: the Simple Revocable Transfer on Death Deed (TODD). Find the law in the California Probate Code, starting at section 5600. These in...

How to Obtain a Copy of a Real Estate Deed
With the exception of a birth certificate, a real estate deed may be the most important document in your possession because it is the only thing that can prove that you own your home. Locating the original deed is also important before purchasing lan...

Understanding Trustee Deeds
Trustee’s deeds convey real estate out of a trust. Depending on the circumstances, they may or may not include warranty to the title. They are also used in some foreclosure situations (generally without warranty). In addition to meeting the state a...

Which Deed Should I Use to Transfer Ownership of My Property?
About 64% of American households own their home, and millions more own properties they plan to develop, office buildings, inheritances in the form of real property, and land they may never use. The average person moves 11 times in his or her lifetime...

Transferring Multiple Properties with one Real Estate Deed
Can one real estate deed transfer multiple parcels of land? The short answer is yes, a single deed can transfer several parcels of real estate. Simply include the legal description and any other identifying information required for each property....

What is a Trust Deed?
A trust deed — better known as a deed of trust — at first blush might seem like a confusing legal instrument. It is similar to a mortgage, protecting the lender's rights while allowing the borrower to remain in the property, but confers different...

Who Are Those Heirs and Why Are They Laughing?
Most of us have heard stories about people receiving a surprise inheritance from a distant relative. How does such a thing happen? Well, it all starts in probate. Probate proceedings are designed to settle claims relating to a deceased person’s ...

Steps to Make a Real Estate Deed Legally Valid
What Makes a Deed Legally Valid? Deeds are confusing things. They come in many varieties, conferring various rights, and two or more people can hold title to the same property. For this reason, it's the filing of a deed that memorializes the owner...

What is a Special Warranty Deed?
If you're like most people planning to make a real estate purchase, you want to know that the property you're purchasing is actually owned by the seller, that it's in reasonably good shape, and that the title is free of defects. Real estate transacti...

How to Choose a Real Estate Lawyer
In 2014, nearly five million homes were sold (1), with thousands more transferred or inherited. Real estate is big business, and just about everyone wants a piece of the action. If you're preparing for a real estate transaction that could change your...

Texas Adds Statutory Transfer on Death Deeds to Estate Planning Arsenal
As of September 1, 2015, owners of real property in Texas gained access to the statutory transfer on death deed (TODD). Modeled after the Uniform Real Property Transfer on Death Act and located at Chapter 14 of the Texas Estates Code, the Texas Real ...

What Are Beneficiary Deeds?
A will might seem like the simplest way to leave something to a loved one or other beneficiary, and it's certainly the most common, but wills must be probated. This necessitates a lengthy process that can slow the transfer of property from a decedent...

Marital Property in Wisconsin
Currently, nine states allow married couples to vest real estate as community property. Interests owned in community property function much like partnership interests, in that each spouse’s real property acquisitions belong legally to the marriage ...

What are Deed Restrictions?
For most people, buying a piece of land is a simple proposition: pay the money, file the deed, and the property is yours. Deed restrictions, though, make it clear that the world of real estate transactions is rarely so simple. Simply put, deed restri...

What Type of Real Estate Deed is Used to Transfer the Interest of a Deceased Property Owner?
Understanding Executor's Deeds, Administrator’s Deeds, and Personal Representative’s Deeds As part of the probate process, executors, administrators, and personal representatives use special deed forms when transferring title to real property ...