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Property deeds
I have a document deeding property to a husband, his wife and their heirs. The wife died in 2002, the husband is ill and the six children are questioning whether the wording "their heirs" includes all of them. If in fact it does, does that mean that they do not have to process a quit claim deed to avoid probate at the time the father dies? Or is that just legal wording and they are not included as holders of the deed?
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Yes they will need to go to probate to get a new deed after the husband dies. ( and have to decide what to do with the home, since all the children will have to agree for anything to be done. So yes they can do a deed now with the father having right to leave there till his death.
What does the children want to do with the home at the fathers death, remember to sell all have to agree unless the father makes specific rules as to selling the home and dividing the money in the will. |
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