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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9090
Experience:  Since 1983
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Well first I guess if this going to cost to get the answer?

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well first I guess if this going to cost to get the answer?
JA: Estate laws vary by state. What state are you in?
Customer: The property is in Nebraska
JA: What documents or supporting evidence do you have?
Customer: I do not understand your question
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am purchasing a home in Nebraska and I want the property to go to my daughter after my death. As long as I am alive I do NOT want her husband to be able to have a claim to the property if they divorce
Customer: replied 1 month ago.
I want the process to be easy for her and avoid probate. I don't know if joint tenancy will accomplish that

Thank you for your question.

Yes, joint tenancy is commonly used to avoid probate.

Property acquired by gift or inheritance is separate property of the spouse who acquired it, see

http://www.divorcenet.com/resources/divorce/marital-property-division/nebraska-divorce-dividing-prop#b

so her husband would have no legal claim to the property if you use a joint tenancy deed, or a transfer of death deed.

You can write a deed from yourself to yourself and your daughter using language that states the deed is to her, a married woman, as her sole and separate property. and taking title with her as joint tenants with right of survivorship and not as tenants in common.

Or you can use a Transfer on Death deed, see

https://www.nolo.com/legal-encyclopedia/nebraska-avoiding-probate-31833.html

and

https://www.deeds.com/information/nebraska-statutory-transfer-on-death-deed-1413240732.html

You can get a free consultation from some of the attorneys listed by location here.

Please follow up on this with a local attorney, who can review the facst and explain your options and advise you on how best to accomplish your wishes.

I hope this information is helpful.

Customer: replied 1 month ago.
Well this does NOT really help (I don't think) because I think what matters on the home is the TITLE or am I completely backwards on that?

Nebraska allows Transfer n Death deeds, which have basically the same effect as a joint tenancy deed except that the grantee does not get a present interest in the property. Another possible way to accomplish this is to deed the property to her and reserve a life estate. I have identified three ways to accomplish your objective, and they may have differing tax consequences.

Please follow up on this with a local attorney.

Customer: replied 1 month ago.
Thank you, ***** ***** I figured out the difference between a deed and a title. I have the DEED as long as I owe on it, so I guess the bank carries the TITLE.Once I pay off the loan I get the TITLE ?? Correct?? You have been helpful, Thank you.

No, in the usual situation, you own the title if you have recorded a deed naming you as grantee. The bank has a mortgage, but that only gives the bank a security interest in the property, you remain the legal owner, subject to the mortgage.

Once you pay off the mortgage, you get clear title not encumbered by the mortgage, but you already have title, not the bank.

If someone is injured by a dangerous condition of the property, they would sue the owner and could not sue the bank.

If that does not clarify the meaning of title, please let me know and I'll look for a better explanation.

Customer: replied 1 month ago.
Even more confused. Please explain it to me the way you would to a 5 year old.
I am getting ready to close on this house in Nebraska. How do I word the deed and / or title to make sure that this property is protected from my son[-in-law in case anything were to happen to their marriage?? I am planning on putting my daughter on the deed(?) as 'joint tenancy upon death' (?) is it as simple as that? I am so sorry, I just have to make sure my property is protected and I just don't understand this stuff.

"Joint tenancy upon death" is not the language but I am not allowed to write legal documents for you. You would name your daughter as a grantee, "D, a married woman as her sole and separate property" to protect the property from any claim by her spouse.

But if she is a joint tenat then yu could not sell the property without her consent. Do you want her to have a present interest in the property, or only get the property when you die?

Customer: replied 1 month ago.
just when I die

Then you want to give her a transfer on death deed after you take title to the property in your name. There is a sample form avaiable from

https://www.deeds.com/forms/nebraska/transfer-on-death-deed/

N Cal Attorney and other Estate Law Specialists are ready to help you

Thank you for the positive rating!

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