Alpharetta, GA asked in Real Estate Law and Tax Law for Mississippi

Q: Before passing, my father transferred his property with a warranty deed to the man who lived in his home with him. This

man has also passed leaving a wife. Her name is not on the warranty deed but she has agreed to sign property over to me. How can this be done easily? Also there is a lien in my father's name against property.

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1 Lawyer Answer
Steven J. Fromm
Steven J. Fromm
  • Tax Law Lawyer
  • Philadelphia, PA

A: Well it can be done but probably not easily. The wife is actually making a gift to you since it is her property to deal with as she wishes. A deed would transfer the property back to you and there would have to be a release of the lien. You should get with a real estate attorney who can determine the proper deed to employ and to work through all the details of this transaction. You also should purchase title insurance to ensure clean title to the property.

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