OT: Real estate help needed please.

by Hoot @, Diversityville, Liberal-sota, Monday, April 28, 2014, 09:42 (3805 days ago)

I need to remove Beth's name from the two properties we bought during our marriage. I called the county and they will not even tell me what is the process as it constitutes "legal advice" and suggested I see a lawyer. I realize processes may be different in other locales but does anyone know what needs to be done here?

Thank you.

OT: Real estate help needed please.

by Wildcat, Flint Hills of Kansas, Monday, April 28, 2014, 10:43 (3805 days ago) @ Hoot

You need to talk to an attorney in your locale. Around here, it can be done via a quit claim deed, filing of a Journal Entry from a Divorce action,a death certificate if the property is titled in joint tenancy with right of survivorship, or via a quiet title action. Obviously the facts underlying make a difference. Also a word of caution, quit claim deeds can trigger gift tax consequences. Thus, get a competent attorney to lead you through the process.

Thank you Sir!

by Hoot @, Diversityville, Liberal-sota, Monday, April 28, 2014, 13:19 (3805 days ago) @ Wildcat

About 100 times more helpful and useful than the county drone.

OT: Real estate help needed please.

by Cherokee @, Medina, Ohio, Monday, April 28, 2014, 13:31 (3805 days ago) @ Hoot

Get a good real estate lawyer. Death certificate is all I know you need, laws vary.

What Wildcat said...

by Brian A, Tuesday, April 29, 2014, 10:36 (3804 days ago) @ Wildcat

Is good advice, but you have some complications which would make a good tax/real estate/estate planning attorney(s) a wise investment. Since you have experienced the loss of Miss Beth and have subsequently married Miss Melodie, there are some changes which may need to be made and I don't know whether MN has any dower laws or not, like MI does. I don't know what wills or estate planning may be impacted by these changes either, and only a good estate planning specialist can help walk you through those implications.

Generally this is an heirship issue ...

by Flatlander, Tuesday, April 29, 2014, 13:46 (3804 days ago) @ Hoot

in Texas, would be determined by (1) whether you acquired property during marriage, and as separate property or community property, (2) whether your spouse passed away with or without a will, and whether the will has been probated, (3) whether you had children together or if she had children from a prior marriage, and (4) whether her estate left unpaid debts.

In Texas, while not impossible to resolve without a lawyer, efforts to do so are so frequently incomplete or screwed up, and the process generally so simple, that one is foolish not to.

In your state ... who knows, but acting on the assumption that it's not held as joint tenants with right of survivorship (rare here), it is likely an heirship issue.

Thank you Mark.

by Hoot @, Diversityville, Liberal-sota, Wednesday, April 30, 2014, 06:42 (3803 days ago) @ Flatlander

Sensible advice. I will go find a lawyer. No issues with that other than the only ones I "know" are the ones who hang around here!

a place to start-

by Flatlander, Wednesday, April 30, 2014, 15:30 (3802 days ago) @ Hoot

would be a title company in the county where this land is. If it's owned by lawyer(s) who are involved in it, oftentimes it will let you cut to the chase a lot quicker as opposed to talking to someone who nods a lot and says "it depends" while admiring his nose hair in the reflection of his highly polished shoe.

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