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Life Estate; New Deed

Posted on: 19th Mar, 2009 10:14 am
My father passed away; there is a life estate on his property and ownership will pass to myself and my brother; I would like to get a new deed in our names in the event we decide to sell the property. Is it really necessary? and if so, what form should be used. Same issue with my husband who inherited land from his deceased mother.
Hi denisejohnson,

Did your father sign over the property to you and your brother through a quitclaim deed while retaining a life estate on the property? In that case, you need to file his death certificate with the county recorders office to change the title in you and your brother's name. If he has left a will then the property needs to be probated first and then the title changed in your names.
Posted on: 23rd Mar, 2009 09:28 pm
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