Estate Law Questions? Ask an Estate Lawyer.
Thanks for your question and good morning.You would complete a warranty deed from you as trustee of the _____trust,grantor to you as grantee individually.You would do this to complete the terms of the trust transferring it to yourself.You would file this in the county real property records where the property is located here in New Hampshire.This would transfer legal title to the property from the trust to you individually.You can do this yourself or have a local title complete it for you and file it.Once done this gives you legal title and the taxes would then be transferred into your name.Here are forms you can use to do this if you want to do it yourself.ou can preview them from free by clicking on the free preview on the site.
http://www.uslegalforms.com/nh/NH-02-78.htmI appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.
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Here is the law for reference--the deed form above complies with the statute.2006 New Hampshire Statutes - Section 477:27 Statutory Form of Warranty Deed.A deed in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenant on the part of the grantor, for himself or herself, heirs, executors and administrators, that, at the time of the delivery of such deed, the grantor was lawfully seized in fee simple of the granted premises, that the said premises were free from all incumbrances, except as stated, that the grantor had good right to sell and convey the same to the grantee, heirs, successors and assigns, and that the grantor will, and the heirs, executors, and administrators shall, warrant and defend the same to the grantee and heirs, successors and assigns, against the lawful claims and demands of all persons.
(Form for warranty deed)
__________, of __________ County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________, __________ County, State of __________, with warranty covenants, the __________ (Description of land or interest being conveyed: incumbrances, exceptions, reservations, if any) __________, (wife) (husband) of said grantor, release to said grantee all rights of homestead and other interests therein.
(Here add acknowledgment)
Please let me know if you have more follow up.Thanks for letting me help you today.
If you want a local title company to prepare the deed it would run around $150 you can locate one here.
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My follow up question is, my deceased brother is also on the deed as 1/3 owner is this a problem. He left no will.
That is correct. My deceased brother and trust are both on deed.
Ok so brother's estate would have to be probated.His estate consists of his 1/3 interest and any other assets he owned at time of death.You would make application seeking to be appointed personal representative here.The assets pass under terms of his wlll or if no will then under laws of intestacy to his legal heir(s).As part of probate here as the personal representative you would deed it from yourself as personal representative to yourself as heir if you are sole legal heir.Here are forms to file for full probate you can do it yourself or consider a local lawyer to assist.Unfortunately since real estate is involved the smal estate process for New Hampshire cannot be used.Here are the forms here--007 or 008 depending on whether there was a will here.http://www.courts.state.nh.us/probate/estate.htm
This would be the means to deal with the 1/3 interest.The trust as I stated above could convey the 2/3 to you under the terms of the will.This is going to be much more complicated because he held title to the interest rather than it being within the trust.It will require probate for the brother and any creditors here that he had could file claims and seek to force a sale if this is the only asset.Thanks for your patience here.
You may want to make use of a lawyer since there is going to be probate filed and a couple of deeds as well to get you title.Lawyer referral through the state bar.http://www.nhbar.org/for-the-public/lawyer-referral-services.asp
Here is the law of intestacy for reference.
http://www.nolo.com/legal-encyclopedia/intestate-succession-new-hampshire.htmlThanks for letting me help you today.
This property is in Maine and he was a resident of Maine would I file for probate in Maine?
Yes you would and here is lawyer referral for Maine.Sorry for the confusion, thanks for your patience.http://www.mainebar.org/lawyer_need.asp
Maine probate forms.
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