Grant Deed Question
Hello I hope some one can help me.
I recently inherited a home but am not sure how to avoid probate and am hoping someone can help... I am seeking legal advise but couldnt get an appointment until later in the month....
I have in my possession a Grant Deed and it is worded like this.... (from my Grandmother)
XXXX(Grandma) surviving Joint Tenant hereby Grants to
XXXXX(G) a widow, as to a Life Estate; YYYYY (my Father also deceased) as to an undivided 50% interest;
ZZZZZ(Me) a married man as his sole and seperate property as to an undivided 50% interest
legal description etc......
I have both Dads and Grandmothers Death Certificates and Wills . Hers is share everything between Dad and I and his left everything to me..... I was told by a friend in the mortgage biz that this should be a snap and the county recorder would give me the forms etc and I could get it done in a day....well it didnt work like that. They arent paid to give legal advise and offered no help...sent me to the courthouse and they were the same......anyone know what I need to do or where I can research this to get the ball rolling....
Thanks Much
Brian
Try again and explain the grantor grantee flow on your deed.
The recorder’s office, by law cannot give legal advice, so they won’t tell you anything about what document is used for what.
When you have your appointment with the attorney, he will probably take care of this by having an Affidavit to Terminate Joint Tenancy recorded with (original sealed) copies of the death certificates. This is a very simple thing to do. Just make sure you bring the certificates with you to your appointment.
John (LV)
On first blush I would say the property is outside of probate and you are now the sole owner if your tenancy had survivorship rights.
I will try and make this clearer.......My GParents had the home he died she was the surviving Joint Tenant.....the Grant Deed I have lists her as the Grantor and my Father and I as Grantee 50/50 He was killed in a car accident last year (hope this doesnt complicate things) and I am the only one listed that is still around.... (Here is how it is written)
Grant Deed
For a valuable consideration, receipt of which is hereby acknowledged,
Jane Doe, surviving joint Tenant, hereby grants to,
Jane Doe, a widow, as to a Life Estate; John Doe (my dad) an unmarried man, as to an undivided 50% interest;
Joe Blow (Me) , a married man as his sole and seperate property, as to an undivided 50% interest.....
I am a little concerned not knowing the law about wether or not I have been on the title as well as my dad or if we come onto the title after her death.........if so I didnt know this and did not run this through his probate proceedings........guess lawyer will have to sort it all out in the end.....just nice to have educated ears here to bounce the situation off of..........
Thanks Again
Brian