1,506,923
This is very unfortunate for your client and highlights the reasons why wills and having a lawyer to answer questions about how title should be held are so important.
I had one once where the husband passed away and he was the only one on a BofA loan. The wife told the bank he had passed and they wouldn't let her make the payments because she wasn't on the loan (even though she was on title). They were selling anyways, but it was a frustration that she did not need. We did put her in touch was a top notch real estate attorney to try and help her.
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Debe Maxwell, CRS
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
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John Juarez
Fremont, CA
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Wanda Kubat-Nerdin - W...
St. George, UT
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Lyn Sims
Schaumburg, IL
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Candice A. Donofrio
Fort Mohave, AZ
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Doug Dawes
Topsfield, MA
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Bob "RealMan" Timm
Minot, ND
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Shayne Stone
Fulshear, TX
3,350,589
People can never ask too many questions to ensure that what they do and how they do have their INTENTIONS legally covered.
It is unfortunate however too many people die and leave this kind of story (legacy) behind.
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Steve Higgins
Kelowna, BC
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Kathleen Daniels, Prob...
San Jose, CA
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John Juarez
Fremont, CA
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Wanda Kubat-Nerdin - W...
St. George, UT
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Doug Dawes
Topsfield, MA
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Bob "RealMan" Timm
Minot, ND
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Shayne Stone
Fulshear, TX
3,141,516
How unfortunate! It's so important to make sure loved ones are taken care of prior to passing or this type of scenario can/does happen. I also agree with Candice that you should make this a blog post.
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Steve Higgins
Kelowna, BC
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Kathleen Daniels, Prob...
San Jose, CA
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Lyn Sims
Schaumburg, IL
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John Juarez
Fremont, CA
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Bob "RealMan" Timm
Minot, ND
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Shayne Stone
Fulshear, TX
381,637
why would he pay the taxes if he doesn't own the house? Who is inheriting his wife's estate? Do they have kids who could just sign a quit claim to put the deed in his name? And yes I knew.
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Debe Maxwell, CRS
Charlotte, NC
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Tammy Lankford,
Eatonton, GA
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Steve Higgins
Kelowna, BC
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Kathleen Daniels, Prob...
San Jose, CA
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John Juarez
Fremont, CA
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Wanda Kubat-Nerdin - W...
St. George, UT
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Bob "RealMan" Timm
Minot, ND
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Shayne Stone
Fulshear, TX
1,202,572
I think laws, at times, are written in a manner to be coinfusing.
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Steve Higgins
Kelowna, BC
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Kathleen Daniels, Prob...
San Jose, CA
-
John Juarez
Fremont, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
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Bob "RealMan" Timm
Minot, ND
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Shayne Stone
Fulshear, TX
2,402,643
Great reminder of why a buyer, all the way back to the beginning of time, should get an attorney involved. As small as my estate is I have all legal bases covered with a will and more.
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Karen Climer
Orlando, FL
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Steve Higgins
Kelowna, BC
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Kathleen Daniels, Prob...
San Jose, CA
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John Juarez
Fremont, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Shayne Stone
Fulshear, TX
-
Lyn Sims
Schaumburg, IL
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Doug Dawes
Topsfield, MA
1,057,554
This should be posted as a blog post. Very important to know how to hold title and why!
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Karen Climer
Orlando, FL
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Debe Maxwell, CRS
Charlotte, NC
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Steve Higgins
Kelowna, BC
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Wanda Kubat-Nerdin - W...
St. George, UT
-
Lyn Sims
Schaumburg, IL
-
Doug Dawes
Topsfield, MA
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Bob "RealMan" Timm
Minot, ND
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Shayne Stone
Fulshear, TX
902,428
Speak to an attorney in your state. Don't ask for random advice.
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Karen Climer
Orlando, FL
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Debe Maxwell, CRS
Charlotte, NC
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Shayne Stone
Fulshear, TX
2,785,456
There is a solution to every problem even 2 or 3 or more. The hunt is on when we come across a challenge. Sherlock Holmes said it best: The game is afoot. While I respect an obstacle, the show (life) must go on!
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
-
John Juarez
Fremont, CA
-
Bob "RealMan" Timm
Minot, ND
-
Shayne Stone
Fulshear, TX
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Wanda Kubat-Nerdin - W...
St. George, UT
1,847,741
That is what would happen in IL also. That's why you have to do things correctly at closing on the deed & then as years go on additions
Like Candice eluded to - the bank sometimes will call the note due on the widow.
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
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John Juarez
Fremont, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Bob "RealMan" Timm
Minot, ND
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Shayne Stone
Fulshear, TX
1,325,924
This is so unfortunate. Yet, it should have been foreseen. A visit to an attorney could have saved this home problem and potential problems with any other assets of the deceased.
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Bob "RealMan" Timm
Minot, ND
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Steve Higgins
Kelowna, BC
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Kathleen Daniels, Prob...
San Jose, CA
-
Shayne Stone
Fulshear, TX
539,748
As proof of an informal common law marriage, a couple can file a form with the county clerk.
TX Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
(1) a declaration of their marriage has been signed as provided by this subchapter.
Sec. 2.402. DECLARATION AND REGISTRATION OF INFORMAL MARRIAGE. (a) A declaration of informal marriage must be signed on a form prescribed by the bureau of vital statistics and provided by the county clerk.
Without a JTWROS deed, will, trust, or surviving spouse, the property goes to the next of kin as prioritized by Texas intestate law Sec. 201.001 https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm
If a couple chooses not to create an estate plan, the state govt provides the default estate plan.
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Gary Frimann, CRS, GRI...
Gilroy, CA
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Shayne Stone
Fulshear, TX
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Doug Dawes
Topsfield, MA
5,258,256
Oh, I'm so sorry! What a sad reminder that we need to have our affairs in order, long before the time we need it. It's so unfair to leave this to loved ones to deal with.
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Bob "RealMan" Timm
Minot, ND
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Shayne Stone
Fulshear, TX
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Debe Maxwell, CRS
Charlotte, NC
195,522
Right of survivorship is covered in prelicensing classes.
People always say, "You'll never use anything you learn in real estate school." It's amazing how much you learn in prelicensing that would help you in the field if you knew it.
You would still want to seek legal counsel, but you would know what to ask the attorney.
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Shayne Stone
Fulshear, TX
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Bob "RealMan" Timm
Minot, ND
6,424,817
I have seen similar situations where they went before a judge with the proof they they were together all this time and the judge made it right.
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Bob "RealMan" Timm
Minot, ND
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Shayne Stone
Fulshear, TX
3,168,134
I am aware of inheritance laws in my state. Who does own the house? If it's inherited jointly between spouse and children in my state kids can simply quit claim to the other parent. If there's his and her kids it could be an issue.
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Bob "RealMan" Timm
Minot, ND
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Shayne Stone
Fulshear, TX