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spouse and a quit deed

Posted on: 18th Jun, 2010 09:16 am
what happens when an individual who has a piece of property
through a quit deed (that also has a life estate attached to it) dies
prior to the person who holds the life estate? i would like to know
if the property rights go to the (grantee) spouse automatically if you live
in a community property state (washington) and that she, upon the
death of the grantor (who holds the life estate) will be the owner of the property.

thanks for your help,
cj
Hi udubalumni,

I don't think the grantee's spouse will get back the property automatically after the grantee's death. The spouse may have to file an affidavit of heirship at the county recorder's office in order to get the property transferred in her name.

Thanks
Posted on: 18th Jun, 2010 11:20 pm
If I am "hearing" your correctly, the person who holds a Life Estate on a piece of property that she has QuitDeeded to someone can not "take back" that property transfer and become legal owner of it once again because of the death?--------
And, that the spouse of the deceased, through the filing of an Affidavit of Heirship will be able to transfer the property to her name (with of course the Life Estate still attached to the property)......
Posted on: 19th Jun, 2010 05:10 am
Welcome udubalumni,

The person who has reserved the life estate clause reserved is the grantor (seller) of the property and the person to whom the property was transferred will be the grantee to the property. The grantee's spouse will not be able to get the property automatically after death of the grantee. The spouse will have to get the property transferred into his or her name by filing an affidavit of heirship.
Posted on: 20th Jun, 2010 10:17 pm
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