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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 fact...

Real Property and Probate 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. When real property is held by spouses as tenants b...

Conveyances 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 u...

Michigan Transfer Tax Exemptions for Real Property Transfers
207.526 Written instruments and transfers of property exempt from tax. Sec. 6. The following written instruments and transfers of property are exempt from the tax imposed by this act: (a) A written instrument in which the value of the consider...

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 in the name...

Conveyance by Personal Representative in Alabama
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. When a resident of...

Construction Lien Waivers in Florida
Lien waivers or releases are used to surrender the right to a lien, either in full or in part, depending on what type of lien release form is used. Florida’s Construction Lien Law authorizes statutory waivers at § 713.20 Fla. Stat. (2016). In ...

Using Lien Waivers for Nevada Mechanic’s Liens
A lien waiver is a document drafted by a potential lien claimant such as a contractor, subcontractor, materials man, equipment lessor or other party to the construction project (the claimant) that states they have received payment and waive any futur...

Posting a Surety Bond to Release a Mechanic’s Lien in Nevada
You’ve finally gone forward with your plan to build your dream kitchen. You’ve drawn up the plans and spoken with a local contractor who promised to construct everything according to your specifications. After countless nights spent indulging in ...

What is a Mechanic’s Lien?
In general, a lien is a type of property right which grants a creditor an interest over specific property of the debtor named in the lien. The lien is used as security for the debt or for performance of some act. A mechanic's lien is a security inter...

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...

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.) A trust is an alternate m...

Transferring Real Property 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 settlor’s int...

Recording Assignments of Mortgage in New York
An assignment of mortgage transfers a lender’s interest in a mortgage to another party, usually a bank. Because they involve changes in the status of a real estate title, assignments must be recorded with the land records for the county where the p...

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. In addition to app...

Personal Representative’s Deeds 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 supervisi...

Understanding the Minnesota Affidavit of Trustee
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 affectin...

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. 2...

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...