Spokane, WA asked in Estate Planning, Probate and Real Estate Law for Montana

Q: My wife and I recently found a deed of full reconveyance signed by the beneficiary before he passed. Steps, probate, etc

Her mother has passed and with no living will the estate went to the next of kin. He has also passed. After his tragic death, his partner claimed common law. She has made verbal agreement to sign a quit claim deed, but has yet to do so. What steps in "order" to file probate, substitution of trustee for full reconveyance deed, quit claim or any other legal process do we need to take?

1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: You will have to hire a MO attorney to search the title, examine the deed (recorded or not), determine ownership, and decide if Probate litigation or your deed is helpful. Without recordation, deed is of no effect to the world, and the heirs may have already vested in title. Time is of the essence, and you may already be too late.

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