LandInvestors.com Forums **Ask A Question** Deed Question

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  • #27058
    John C
    Participant
    Post count: 19

    I know the new “A” is alive!! We have a deal, husband and wife own the property in joint tenancy and the wife if dead. The husband has the death certificate and they have owned the property since 1975. Is there a way to convey the deed with the wife being dead?

    How should I go about purchasing the property or just bail on it?

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  • Kevin Farrell
    Moderator
    Post count: 1862
    ProAdvanced

    Some counties require an “Affidavit of Death”. You can ask the clerk but they may consider that ‘legal advice’ and tell you to call an attorney. When I do this for the first time in a county, I call a local attorney. That attorney may just tell me to just send in a copy of the death cert with the deed when I convey it to my company. Or the attorney may say you need a death affidavit. If an affidavit is required I pay the attorney a couple hundred to do it one time. I pay attention to what the document needs to say and how to get it recorded at the county properly. Then, next time, I can do it all myself and know that I got it right for that particular county.

    Kevin Farrell - Moderator
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    John C
    Participant
    Post count: 19
    Pro

    Kevin Farrell thank you very much!!

    Michael Aillon
    Participant
    Post count: 331
    Pro

    This is an easy deal. Don’t get all worked up about it. Just have the title company or attorney handle it. If this is an inexpensive property and you are going to self close, then just record the affidavit of death with the death certificate first, then record the new deed from the seller with the husband signing the deed and conveying title to you. I’ve done this several times and did not have any issues reselling the property.

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