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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 ...

Understanding Dower Rights
For generations, social norms, discriminatory laws, and family duties have kept women out of the workplace, rendering them financially dependent on their husbands or families. Thanks to a flurry of changes over the past century, though, women make up...

How to Transfer Ownership of a Cemetery Plot
Thoughts of your eternal resting place might seem needlessly ghoulish, and transferring ownership of a cemetery plot to a family member might feel downright cruel. But death awaits us all, like it or not, and a population explosion coupled with inade...

What Happens to Real Estate When the Owner Dies?
On television and in movies, transferring real estate when someone dies is a simple matter of reading the will. Once everyone knows what's in the will, like magic, the real estate goes to the right person or entity. In reality, things are rarely so s...

How to Transfer Real Estate Into a Living Trust
Though the complexities of a living trust make these documents look significantly more complicated than they actually are, about a fifth of all Americans have living trusts—sometimes called revocable trusts or inter vivos. Living trusts don't have ...

How Are Oil, Gas, and Mineral Rights Affected by Real Estate Deeds?
Mineral rights have long been the subject of lawsuits, federal government interventions, and of course, get-rich-quick stories. In the famed television show The Beverly Hillbillies, Jed Clampett and his family find themselves the beneficiaries of unt...

Real Estate Distribution: Legal Separation vs. Divorce
Every year, 3.6 out of every 1,000 couples divorces. That might not sound like much, but it adds up to a huge divorce rate—41% of first marriages, 60% of second marriages, and 71% of third marriages end in divorce. If you're contemplating divorce ...

Executing a Real Estate Deed When Out of the Country
In almost all circumstances a properly executed real estate deed must be notarized to be valid. What happens if a party to the deed, especially the grantor, is somewhere outside of the United States when they need to execute the deed? The most common...

What is the difference between a Deed of Trust and a Mortgage?
Recently, Brienne Marco of Spilman Thomas & Battle, PLLC (www.spilmanlaw.com) posted an informational article discussing the differences in deeds of trusts and mortgages. As noted in the article, The terms "Deed of Trust" and "m...

Early Deed Recorded in York County Maine
In this deed, Chief Wesumbe of the Newichewannock tribe sells twenty square miles of land lying between two rivers: the Great Ossipee and Little Ossipee Rivers (spelled as Ossabe in the deed) to Francis Small of Kittery, who was an Indian trader who ...

First Real Estate Deed Officially Recorded In Maricopa County Arizona
The first real estate deed officially recorded in Maricopa County was executed on May 5th, 1871 and recorded on June 5th, 1871. The subject property being transferred with this deed was legally described as "Lot 1 Block 77" and is located o...

California Requirements for Change Of Ownership Interest in Real Property BOE-100-B
Filing Requirement - Change in Control Revenue and Taxation Code Section 480.1 The law requires any person or legal entity acquiring ownership control in any corporation, partnership, limited liability company, or other legal entity owning real p...

California Now Requires Real Estate Deeds that are Subject to Transfer Tax Show the Tax Amount on the Face of the Deed
Documentary Transfer Tax (AB 1888) Effective January 1, 2015, pursuant to Assembly Bill 1888, all California County Registrar‐Recorder/County Clerk’s Offices will require that “EVERY document subject to tax that is submitted for recordation ...

New California Requirements for Notary Acknowledgements on Real Estate Deeds
As of January 1st, 2015 there is a new requirement for notary acknowledgements on real estate deeds in California. A certificate of acknowledgment taken within California shall be in the following form: -- start acknowledgement A notary publ...

Revoking a Transfer on Death Designation Affidavit in Ohio
Ohio Revised Code § 5302.23(B)(5) contains the rules for revoking a recorded transfer on death designation affidavit. In short, it states that the owner of real estate previously identified as a transfer on death interest may revoke or change a bene...

Why Disclaim an Interest in Real Estate
Depending on the circumstances, inheriting real estate can be a blessing or a curse. If the beneficiary is considering how to handle an inherited house or other property, it’s worth including a disclaimer among the possible options. Next Avenue'...

Nebraska Statutory Transfer on Death Deed
The Nebraska Uniform Real Property Transfer on Death Act is found at Sections 76-3401 to 76-3423 of the Nebraska Revised Statutes. This useful law provides an option for land owners to convey their real estate after their death, but without the need ...

Beware of Real Estate Deed Solicitation Scams
From the Office of Minnesota Attorney General Lori Swanson Landowners in eleventh-century England transferred land by gathering on the land with a group of witnesses to physically deliver the property to the new owner, such as by handing over a cl...

Is it Legal to Lie about Marital Status on a Real Estate Deed?
Before answering this question, it’s important to understand why the marital status is included on a real estate deed. There are two primary (and related) reasons: marketable titles and spousal shares. Black’s Law Dictionary, 8th ed. d...

Vesting: How You Hold Title To Real Estate
Title vesting is the way an owner (or owners) of property takes title to their real estate. The way that title is held will affect what the owner (or owners) can do with the property during his or her lifetime, and will also determine whether or not ...

Community Property and Real Estate in Washington
The Revised Code of Washington law allows for three primary forms of co-ownership for real property: joint tenancy, tenancy in common, and community property. Joint tenancy with the right of survivorship is authorized at RCW 64.28.0...

Real Property Mineral, Gas, and Oil Rights Affected by Real Estate Deeds
I. Mineral Rights What are mineral rights? Mineral rights are real property rights that pertain to the minerals beneath the surface of the land. These rights entitle the mineral owner to explore, mine, and produce the rocks, mine...

Frequently Asked Questions about the Alaska Transfer on Death Deed
Real property owners in Alaska have a new estate planning option: the transfer on death deed (TODD). Alaska joins with an increasing number of states using this law to help real estate owners manage the distribution of what is often their most si...

The Importance of a Legal Description in a Real Estate Deed
In a real estate deed, a legal description of the real property being conveyed is universally required to be present. The deed can also include a reference to the recorded map, survey, or deed containing the legal description in order to meet this re...

Filing a Corrected Deed in Texas
In Texas, a correction deed is the deed issued to make changes to an erroneous deed. These two instruments are closely linked, and all corrections are effective as of the date of the original recorded instrument (Property Code Sec. 5.030). Texas P...

Conveying Real Property to or from a West Virginia Trust
Land owners in West Virginia may transfer their land into and out of trusts. In this situation, a trust is a legal construct where a third party (a trustee), holds title to real estate at the request of the settlor (the person who placed the title in...

West Virginia Transfer on Death Deed Law
Earlier this year, the West Virginia legislature voted to join with 13 other states and adopt the Uniform Real Property Transfer on Death Act (URPTODA). The law is found at §36-12-1 et seq in the Code of West Virginia, and went into effect on June 5...