Q: Which document is necessary to deed a property from father to son and his wife before father's death?
I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?
Also, my last name has changed (I recently married) and my ex-husband's will states: "my spouse's name" with my old last name. Will there be a problem executing his will?
Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and games that used to (and still do) take place when someone dies. Lawyers who understand the UPC, can file a notice in the newspaper telling "ALL THE WORLD," that if your ex husband owed them money, they need to file a "claim" within in 120 days (WITH YOU), or their claim will be forever extinguished. This helps YOU by being able to clear up all debts (if any) your ex husband had when he died, so that his children (for instance) don't need to worry needlessly.
Thank you for wanting to help and for being concerned. You just need to get the documents and information you have now, to a lawyer who knows what they're doing, and let them file the papers. Once the papers are filed, you'll be very happy to know that everything will be done according to his wishes. Good Luck to you!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.