How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23521
Experience:  14 years real estate, Realtor. Landlord 24+ years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

This is a continuation of my previous inquiry about the affidavit

Resolved Question:

This is a continuation of my previous inquiry about the affidavit of death of joint tenant which we discussed in May. I am having a little trouble filling it out. Not sure how to read the deed and get the right answers filled out.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
If you have specific questions about filling out the Affidavit, feel free to post them and I will work with you to get it completed correctly.
.
If you have images scanned into your computer, I think you can attach them with the little paperclip icon and I can take a look.
.
.
Thanks
Barrister
Customer: replied 1 year ago.

When I click on the paper clip it's asking for stuff like the url dimensions , alighnment. THe images are in my documents so I dont see how this applies. DO you have any suggestions. If not I guess we can proceed wit hout actual images. Seems like I should be able to attach a file.


 

Expert:  Barrister replied 1 year ago.
To be honest with you, I haven't been on your side of the conversation so am not positive how to attach documents or images.
.
I have had customers email them toXXX@XXXXXX.XXX and the moderators at JA will get them to me. The problem is that this can take a little time for them to send them on to me depending on how busy they are...
.
So if you don't mind giving them a half hour or so to forward any graphics or files to me, then I have no problem in waiting to get them and then responding when they send them to me...
.
Or we could try to move forward without them and I can see if I can answer your questions without having the docs open in front of me.
.
Whether we go through the gate or climb the fence, we can get you where you need to be..
.
.
Thanks
Barrister
Customer: replied 1 year ago.

Ok I emailed the docs to experts@justanswer .com.


 


Thanks very much.

Expert:  Barrister replied 1 year ago.
Let me back up just a bit so I can see what we are trying to achieve here as you may be taking some steps that are unnecessary...
.
Are you still working to remove your spouse who has passed from the deed so you can get a loan?
.
And you were on the deed as either joint tenants or tenants by the entirety?
.
.
Thanks
Barrister
Customer: replied 1 year ago.

Yes, that is all true. I have an Affidavit of Death of Joint Tenant form. I am stating that Cecil Taber from the death certificate is the same as the one on the deed (they call it Warranty deed) dated April 206, 1989. I goes on to say "executed by (Names of Grantors) to (Names of Grantees) recorded as instrument number _______ on (date) of the Official Records of (county and state) covering the following described property situated in said County State of New York,. then it has blank lines for a legal description and a statement that the total property owned by decedent did not exceed the sum of $_____.


 


So I want to be sure I enter Grantors, Granters, instrument number correcdtly. I presume I could copy the description from the current deed.


Prior to our joint ownership, it was in his first wife and his names, and she died in 1977. SO he was sole surviving tenant by the entirety.


Also not sure if there is a standard amount you have to use for the total property sum.

Expert:  Barrister replied 1 year ago.
So I want to be sure I enter Grantors, Granters, instrument number correcdtly. I presume I could copy the description from the current deed.
.
That is correct. The Grantor is the person who sold it to you. You are the Grantee. And the property description is just the actual description of the boundaries of the property. It usually is an indented pargraph that starts with something like "Beginning at a point...." then goes on to describe how many feet and inches the property runs.
.
So husband would have been the Grantor and you and husband would be the Grantees. He would have executed a new deed from him to both you and him to add you to the deed.
.
The recorded instrument number is XXXXX the stamped Deed Book and Page number on the deed, usually at the top right or bottom right.
.
total property owned by decedent did not exceed the sum of $_____.
.
This is typically the amount that a small estate affidavit is limited by, which is $30,000.00
.
.
But to be very honest with you, if you are just trying to take out a loan on the property, your spouse's interest would have automatically extinguished when he passed and when the lender does a title search, they would see this. They might require a copy of the death certificate and may require you to sign an affidavit, but they would prepare it along with any closing documents.
.
So there really wouldn't be any reason for you to file the Affidavit unless you just wanted to clear up the formal record with the County Clerk/Land Records office to remove him from the deed.
.
Having him on the deed currently wouldn't prevent you from getting a loan as the lender would get all the documentation together to show that you are the sole owner.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Expert:  Barrister replied 1 year ago.
Ok, I just got your attachments.
.
recorded as instrument number _______ on (date) of the Official Records of (county and state)
.
This would be LIBER 751 Page 283 on the top right side of the deed. It is a little hard to read but I think I retyped it correctly.
.
Cecil E. Taber would be the Grantor, and you and he would be the Grantees.
.
This isn't the entire deed, because typically on the first or second page, it will give the property description in a little block of text. This looks like the cover page and the last page.
.
.
Thanks
Barrister
Customer: replied 1 year ago.

Well that is all I was given at the county records office. But I will try and see how it goes. When I went their, the people I talked to seemed clueless. Happy to make copies, but beyond that they seemed to be just file clerks. Anyhow this seems to be enough information for me. Thank you very much. At least I have a better picture of what's going on. So I would take this document to the county clerk and presumably that would start the process of them changing the deed?

Expert:  Barrister replied 1 year ago.
Yes, the clerks in the records office aren't the brightest bulbs in the building. They won't actually change the deed from the perspective of issuing a new deed. Once you file the Affidavit and copy of the death certificate they would formally remove your husband's name from their records as an owner of the property.
.
What you would be looking for in the deed is something that looks similar to this:
.
All that lot and parcel of land in the city of XXXXXXX County of XXX, and State of XXXXXXXXXXX, fronting on Merino Street, 37 ½ feet and more particularly described as follows, being lot No. 5 of the Division John W. Havely Estate, adjoining lot of Theodore Havely on the south and Turner Havely on the northeast and fronting on Merino Street, 37 feet 6 inches, and running back with equal width, 165 feet more or less to a 14 foot Alley.
.
Being the same property conveyed to XXXXXXXXXXXXX by Deed dated October 13, 1995, and recorded in Deed Book 1813, Page 405, in the Office of the XXXXXX County Court Clerk
.
.
Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23521
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 12 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.