Deed of Trust

Archive for February, 2009

Question: How to transfer ownership of real property when parents die?

My mom and dad recently passed away and left their home and monies to me. They held the Deed of Trust and had no debt at all. How do I accomplish this without using or hiring a lawyer? I did call an attorney and he quoted me $2000 to start He said the process included probate. I'm the only child and the only one listed to receive all their assets on the WILL. I don't want to go thru probate. No one is contesting the parents WILL. I live in the state of Washington
thanks.......

Answer: Unless your parents already titled this in your name subject to their life estate, or established a living trust that you were named administrator, you will have to go through probate to clear it.

If they used a life estate or living trust you can contact the property records department of your county and file an Affidavit to remove their names and transfer the property into your name.

Unfortunately simply having a will does not remove the requirement for probate in many states. Some states will allow you to represent yourself in court if the estate is small. You can check with the Probate Court division in your county to see if your situation allows this.

Learn how Washington's foreclosure laws could impact your home and family

Question: Selling cemetary plots?

My dad bought eight cemetary plots in 1955 and only paid $75 for all of them. My dad passed away in 1990 and I now have the deed to the cemetary. The plots are in Ohio and I live in Georgia. I now have four plots left but I am wanting to sell the plots but really don't know how since I am in GA. My husband told me to put them on the internet but I am sure that that would cost me some money for a website. I can't trust just anyone to sell them to on the internet since I am the one with the deed. How would I sell them and how much do I sell them for? They were cheap when my dad bought them so how much do they sell for now?

Answer: Nancy,

Since you do not know what the going price is at today's going rate, I would call a local funeral home and ask them what their going price is, for lots the same size. Then I would call a funeral home in Ohio and asked them the same, you never know they may take them off your hands too. The main thing is that you call the area of the lots and find out the local price, depending on the location of the lots, they could be worth more than another area. Make sure that you call more than one place and never take the first offer. Especially if they offer a price real quick, this would mean that they probably know that they can get a good price themselves. $75 seems like a really cheap price. You need to take into account that some cemeteries are not kept up as well as others. Take all of these things into account when you are trying to sell yours. You may need to register in the state or county you are trying to sell them. I would think that the one way to sell these would be on ebay. I have provided some links that may be helpful.

Thanks,
Rag37:)

You Go Your Way, I'll Go Mine

Question: Deed in dispute, will the date ruin it for me?

I have a deed in trust dispute with an ex. The deed was written up but never recorded(it not being recorded is not an issue where I live. Maryland). The dispute is involving owenership. He is contesting ownership, I say we are co-owners. The lawyer who drafted the deed did not change the deed date at the top of the first page of the deed, so it reads; this deed made this day march 3, 2004 instead of may 9, 2005; will this hurt my case/chances? The rest of the dates (signatures...etc...is correct)
oh we were never married, but yeah i think this is really gonna depend on the judge as sometimes dates do not invalidate a contract and sometimes they do...any advice will still ease my thoughts!

Answer: It probably varies by state law. In NC, the property is jointly owned by couples, even if it is only registered on one person's name. This is true, unless there is a prenup.

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