LandInvestors.com Forums **Ask A Question** Question about Acceptance of Joint Tenancy

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    Jim Wollmer
    Participant
    Post count: 34

    I am purchasing a property from a couple where the wife is deceased. The warranty deed filed in 2006 shows grantor as Jane doe and John Doe , wife and husband. Then in 2009 the deed was re-recorded as is but with an addendum “Acceptance of Joint Tenancy”.

    The wording includes:
    This acceptance is to be attach4ed to: Warranty deed dated January 19,2006 by and between Jane Doe Successor trustee and Jane doe and John Doe.

    That each of the undersigned individually and jointly as grantees hereby declare that it is their intention to accept such conveyance as joint tenants with right of survivorship and not as a community property estate and not as tenants in common, and to acquire any interest in said real property under said deed as joint tenants with right of survivorship, and not as community property estate and not as tenants in common.

    That by the execution and delivery to the Escrow Agent of this “Acceptance of Joint Tenancy” the undersigned intend to evidence their acceptance of said deed as joint tenants, and herebydirect and authorize the Escrow agent to attach this “Acceptance of Joint Tenancy” to such deed upon execution and delivery and to record this “Acceptance of Joint Tenancy” together with such deed.

    Date January 19, 2006

    So my question is with the wife deceased what do I list as grantor on the deed when I transfer to me, as only the husband will sign?
    Jane Doe and John Doe, Wife and husband?
    And if so on the signature line for Jane Doe do I write deceased and record a death certificate with the deed?

    Thanks for the help
    Jim

Viewing 6 replies - 1 through 6 (of 6 total)
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  • Jill DeWit
    Participant
    Post count: 439
    ProAdvancedStaffPrincipal

    Hi Jim,

    Man this seems like a long and wordy way to do that.

    If you/county are satisfied that this is now to be treated as: John Doe and Jane Doe as JTROS, then you list them both on the grantor part of deed, but only surviving person needs to sign. In the past I sent in death cert with deed filing, some counties don’t require it, but at least have a copy for your records.

    If you DIG, you might find a copy of one in our shared recorded deeds in data section of membership dashboard.

    Michael Aillon
    Participant
    Post count: 275
    Pro

    In the past, I checked with the recorder and they said to file the death certificate first, then file a new deed. The death certificate takes the deceased off title.

    Jim Wollmer
    Participant
    Post count: 34
    Pro

    Thanks so much for the response. Exactly what I needed.

    Michael Aillon
    Participant
    Post count: 275
    Pro

    Just be sure to give the recorder a call first. Don’t ask him/her about getting clear title to a property. They won’t answer the question and they will tell you to get an attorney or title company. What you want to do is to call them to “confirm the procedure“. Ask them what exactly needs to be filed when a person dies who is on a deed as JTROS. You might also ask them “What normally must be done” to remove the deceased. This way you get the advice without necessarily asking for it.

    Best of luck!

    Luke Smith
    Moderator
    Post count: 1262
    ProAdvanced

    Lots of places want an affidavit of death to go with the death certs. Some want the social security numbers redacted off the death certs too or the return them.

    Matt
    Participant
    Post count: 155
    Pro

    Luke, could you elaborate a little more on that last message. They want an affidavit of death as well as the death cert? Do you just call the county before recording a deed like this? It seems like the county people aren’t a great resource to know for sure that you’re doing it right. Would it be best to just always get an affidavit of death as well as the death cert?

Viewing 6 replies - 1 through 6 (of 6 total)

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