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Tractor Talk Discussion Forum

Re: John T-widow's house deed?

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John T

10-08-2013 06:36:17

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Mornin MSD, you say you are "looking for some opinions" and that"s a good thing, HOWEVER whatever you do, please

1) LOOK ONLY FOR TRAINED PROFESSIONAL LOCAL ATTORNEY OPINIONS on such matters, not untrained lay opinions which may be right or may be wrong as rain and on valuable real estate ITS NOT WORTH IT to take a risk CONSULT A PROFESSIONAL !!!!!!!!!!!!!!!!!!!!!!!! A new deed is relatively inexpensive ya know

I practice property law and probate in INDIANA so I"m unfamiliar with Minnesota, and with all that being said, its my still professional albeit NOT Minnesota trained LEGAL OPINION that I agree with my fellow attorney Mike CONSULT A LOCAL REAL ESTATE ATTORNEY

If this were for a client of mine in Indiana, here"s my professional attorneys advice:

If title is in the name of Mom n Dad as HUSBAND AND WIFE such is Tenancy by the Entirity which is similar to Joint Tenants with Rights of Survivorship MEANING TITLE IS NOW HERS AND HERS ALONE and there"s no need for another deed placing it in her name alone as ITS ALREADY HERS AND HERS ALONE (when hubby died)........When I draft a new deed for a widow whose husband has died, all I do (for an improved chain of title for title insurance companies) is place on the face of the deed an "Affidavit of Survivorship". That sort of takes the place of having to do the new deed you asked about ITS NOT NEEDED and the short sweet simple Affidavit of Survivorship covers it just fine in Indiana.

HOWEVER as co counsel Mike noted it cleans things up and makes it easier for future owners and title insurance companies to go ahead and do that new cheap simple deed if it makes her feel better (although its NOT required by law in Indiana and something I normally wouldn"t do, unless the client just wanted it)

2) If title already passed by "operation of law" (Tenancy by the Entitiry/Joint title with right of survivorship like in Indiana) SUCH TRUMPS A WILL and its a NON PROBATE TRANSFER and that Will provision wasn"t even used, but that dont mean it shouldnt be in there, it doesnt hurt it was in a Will just in case

Soooooooooooo its already hers legally when hubby died if in Indiana and here no new deed is required, just an Affidaviot of Survivorship at such time a new deed to someone other then herself issues........

Nowwwwwww see why you need a local Minnesota trained professional attorneys opinion, NOT untrained lay opinions !!!!!!!!!!!!!! Just because something worked in Billy Bob or Bubbas case doesn"t mean its right for the widow SO BEWARE OF LAY OPINIONS and don"t hang her hat on such

PS There are several things Id advise her to do now as part of estate planning in Indiana (regarding the future of the property) which is yet another reason to consult a trained professional.

Sorry I couldn"t help in Minnesota, but did tell you how Id handle it in Indiana.....Id also deal with the property NOW using methods OTHER THEN A WILL so that"s the real question in my opinion, NOT if a new deed is needed BUT what she wants done with the property when she passes and what to do for Medicare/Medicaid and Tax purposes and advantages which is certainly NOT a question for non professionals and NOT me when it comes to Tax grrrrrrrrrrrrrrr

Best wishes n God Bless yall

John T BSEE, JD Attorney at Law in Indiana

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10-08-2013 20:52:21

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 Re: John T-widow's house deed? in reply to John T, 10-08-2013 06:36:17  
Thanks John and others. She asked me that question last night and I wasn't sure what to tell her so I said I will see what the boys have to say about it. She had the will with her husband set up so it was left to the survivor and I don't think she knows if the actual deed was worded as such as to cause it to be hers upon his death. She was going to get professional advice about it but I thought it would be an interesting topic. She wouldn't say what happens to it when she goes so the kids might have to work that out themselves.

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