Posted on: 28th May, 2008 08:11 am
My husband and I have power of attorney for each other. He passed away a few months ago. So I need to know how to prepare the deed.
Hi J. R.,
Welcome to the forum.
Had your husband made any will for you? If not then you need to transfer the title to your name. Contact with an attorney in this regard and he will help you.
Best of luck,
Larry
Welcome to the forum.
Had your husband made any will for you? If not then you need to transfer the title to your name. Contact with an attorney in this regard and he will help you.
Best of luck,
Larry
Welcome J. R.
If you were Joint tenants then you will get the ownership automatically and can avoid the Probate process but if you were not joint tenants and you husband has not left any will, then the property will be distributed as per the intestacy laws of your state.
If you were Joint tenants then you will get the ownership automatically and can avoid the Probate process but if you were not joint tenants and you husband has not left any will, then the property will be distributed as per the intestacy laws of your state.
The power of attorney won't work anymore because your husband is dead. As stated above, if you were joint tenants, you have title automatically, and there is nothing you must do. Otherwise, the property should pass by his will. If no will, then by the intestate laws of your state. Generally, the wife should inherit the property.
You can probate his estate, or you may be able to file an affidavit of heirship. In any event, your husband is not alive to sign a deed, so you will need to obtain a court order to transfer the property. Contact a probate or estate attorney for advice.
You can probate his estate, or you may be able to file an affidavit of heirship. In any event, your husband is not alive to sign a deed, so you will need to obtain a court order to transfer the property. Contact a probate or estate attorney for advice.
