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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Purchasing property from surviving joint tenant Posted by Rick, the Probate Guy on May 23, 2009 at 7:17 AM In Reply to: Purchasing property from surviving joint tenant posted by Aaron on May 22, 2009 at 11:25 PM You'll need to remove the deceased husband from title at the same time. Ask your title officer, however I would do the following: 1. Have your seller provide you with a certified death certificate of pre-deceased spouse (it's easier for her to obtain than for you and if she doesn't have an extra certified copy on hand, you'll need to extra time so get started now. 2. Attach the death cert to an Affidavit Death of Joint Tenant to record with your transfer deed. 3. I would draft the deed to say: "Beatrice Juice" and keep it simple. You or title can always add "a Widow" later if needed so this gives your flexibility. 4. Occassionally you'll find a seller who has remarried or reverted to a maiden name or such, and in that case just make reference to "Beatrice Smith, who acquired title as Beatrice Juice" I'm all in favor of creating documents that give me (only) the most amount of flexibility should I later need to correct/amend/modify them to suit the intended purpose. Is this the file that you emailed me about last week? Follow Ups: Re: Purchasing property from surviving joint tenant Aaron 9:17 AM, 05/23/09 (0) Post a Followup: Name : E-Mail : Subject : Comments: : You'll need to remove the deceased husband from title at the same time. Ask your title officer, however I would do the following: : 1. Have your seller provide you with a certified death certificate of pre-deceased spouse (it's easier for her to obtain than for you and if she doesn't have an extra certified copy on hand, you'll need to extra time so get started now. : 2. Attach the death cert to an Affidavit Death of Joint Tenant to record with your transfer deed. : 3. I would draft the deed to say: "Beatrice Juice" and keep it simple. You or title can always add "a Widow" later if needed so this gives your flexibility. : 4. Occassionally you'll find a seller who has remarried or reverted to a maiden name or such, and in that case just make reference to "Beatrice Smith, who acquired title as Beatrice Juice" : I'm all in favor of creating documents that give me (only) the most amount of flexibility should I later need to correct/amend/modify them to suit the intended purpose. : Is this the file that you emailed me about last week? [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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