Q: How do I obtain an affidavit of one and the same for a deceased person?
My mother recently passed away and signed a transfer on death certificate for her home to me. Upon sending it to the register of deeds they returned it and said that it was missing the middle name initial and they would not release the property to me. They explained that they need an affidavit of one and the same, how would I get this for a person that is deceased? How should l go about this? The property deed reflects her middle initial as "A" and her death certificate reflects her full middle name... The transfer on death certificate only reflects her first and last name. I live in Kansas
A: Kansas last provides: “59-3502. Same; filing of form with register of deeds. An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located, prior to the death of the owner, a deed in substantially the following form:”
A transfer on death deed would necessarily be filed prior to death. If that is the case, an affidavit based upon personal information of the affiant could be drafted by an attorney stating that the person named as grantee in the original deed is the same person as the grantor in the later deed. The marital status of the grantor might also be stated. If the deed is being filed after death, the affidavit is unlikely to resolve the issue. If a child is the sole heir or the heirs agree by valid settlement agreement, a decree of descent petition filed six months after the date of death in probate court would provide an alternative process to transfer the property without opening an estate. You should consult an attorney to sort out your options and assist with possible remedies.
A: I agree with Mr. Stockwell, but would add one additional point of clarification. If the transfer on death deed was, in fact, filed prior to death, the affidavit you likely need is a simple and straightforward project for an attorney familiar with this area of the law. I would certainly encourage you to reach out for assistance. It likely will not be a prohibitively expensive project.
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