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RayAnswers
RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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So my dad and his sister/her husband purchased some property

Customer Question

So my dad and his sister/her husband purchased some property in Utah county. My dad passed 10 years ago and his sisters husband passed in 1993...his sister is in poor health and is getting ready to pass soon. His sister has signed her part of ownership
over to her son. I'm wondering who has ownership of the land now. Would it be me and my cousin or just my cousin? My dad never signed ownership before he passed.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Both the dad and the sister's husband had an interest in the property.You would need to open probate for both your father to have the 1/3 interest conveyed to you for each.
Their shares passed under their will or if no will the laws of intestacy come into play.
It appears the spouse here inherited the husband's share under laws of intestacy.So if you got a quit claim from the mother this gives you title from husband and wife.You may need an affidavit of heirship to show she was the sole heir and thus a deed to you gives you 2/3 interest.
I would contact a local title company.They can verify that the deed you have here accounts for 2/3 of the property, they can do an affidavit of heirship showing that to file with the deed.
You likely need to open probate for dad here if you have not done so.
The title company can usually help with that.Once appointed personal representative they would prepare a fiduciary deed here from yourself as PR to yourself individually.
It looks like you are pretty close here assuming mother deeded you 2/3 interest with the quitclaim.You likely need an affidavit of heirship to validate her share to you and then probate to sign over dads share to you as sole heir.
Here are title companies that can help you complete this.
https://www.google.com/search?q=utah+title+companies&ie=utf-8&oe=utf-8
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Utah laws of intestacy referenced above.
http://www.nolo.com/legal-encyclopedia/intestate-succession-utah.html
Appears sister inherited husband's share so you got 2/3 from her.
http://www.nolo.com/legal-encyclopedia/intestate-succession-utah.html
Expert:  RayAnswers replied 1 year ago.
Here is an affidavit of heirship form, this is lacking here for sister and husband, it would reflect that she was his sole legal heir thus tracing that you got 2/3 from her quit claim deed once recorded.This gets recorded in the deed records.You can complete and execute it or title company can do so.
Thanks again, good luck here.
Customer: replied 1 year ago.
You confused me...let me start over. A while back my dad and my uncle purchased some property...when my uncle died my aunt inherited that property...at that point my dad owned half and my aunt owned half. Before my dad died there was no will regarding the property. Does that mean that I have half ownership? My aunt has already signed her half of ownership to my cousin.
Expert:  RayAnswers replied 1 year ago.
it is possible I misunderstood.You wrote...
So my dad and his sister/her husband purchased some property in Utah county. My dad passed 10 years ago and his sisters husband passed in 1993..
I took this to mean they each had a 1/3 undivided interest.The husband here when he died had a 1/3 interest which went to the wife here assuming she is his legal heir.
So when the husband passed there was no probate his share passed in theory under laws of intestacy but there was no formal probate.No formal probate was done so an affidavit of heirship to reflect this then allows the wife to deed the 2/3 share with a quit claim deed.
It depends here what their original shares were if there were 3 owners then 1/3 each, if there were two then it is in halves and the share the wife owned changes.
I hope that clarifies.The affidavit of heirship would clarify what she owned both herself and then from the husband since there was no probate.If you can account here for the husband you may then be the owner of both their shares.
Thanks again for the follow up.
Customer: replied 1 year ago.
I guess what im trying to find out is if I have any legal entitlement to the land being my dads heir...my cousin would own the other half
Expert:  RayAnswers replied 1 year ago.
It appears you have a 2/3 interest from the sister if she has deeded it form you and you already had a 1/3.With an affidavit of heirship on file to show the 2/3 interest the sister you may well have complete title.The title company can verify this and do an affidavit of heirship.Once recorded this gives you full title.
Here are title companies that can help you complete this.
https://www.google.com/search?q=utah+title+companies&ie=utf-8&oe=utf-8
This shouldn't cost much to have title company do the affidavit and record it.
Thanks again.
If you can leave a positive rating when we are done it is always much appreciated.

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