Determining Property Ownership
Handling Deceased Person’s Real Estate: Key Steps
1. Determine Ownership
- Check Legal Ownership: Find out who legally owns the property. Sometimes, family members are surprised to learn that their relative wasn’t the actual owner of the house they lived in.
- Review the Last Vesting Deed: This document contains crucial information about ownership. Look for phrases like “Jane Doe, Trustee of the Jane Doe Living Trust dated MM/DD/YYYY” or “The John and Jane Doe Living Trust U/A. (Month, Day, Year)” in the deed.
- Seek Professional Assistance: If needed, consult professionals to understand ownership and take necessary steps for selling or transferring the property.
2. Types of Ownership and Next Steps
a. Owned by a Trust
- Look for phrases like “Jane Doe, Trustee of the Jane Doe Living Trust” in the deed.
- Determine the successor trustee if Jane Doe (the deceased) was the trustee.
b. Individually Owned
- If the property was solely owned by the deceased (e.g., “John Doe”), check state laws. Probate may be necessary to appoint a personal representative for selling or transferring the property.
c. Joint Tenancy with Right of Survivorship
- Phrases like “Jane Doe and Alice Brown, as joint tenants with rights of survivorship” indicate joint ownership.
- Understand the implications of joint tenancy and seek legal guidance.
3. Appraisal and Pricing
- Get the Real Estate Appraised: Determine its value. Probate courts often require the property to sell for at least 90% of the appraised value.
4. Legal Documentation
- Obtain a certified copy of the letters (such as letters testamentary or letters of administration) from the probate court.
- Prepare a personal representative’s deed with the help of an attorney for the estate.
- Obtain a letter from the estate attorney confirming the legal steps taken.
Remember, handling real estate after a loved one’s passing requires careful attention and professional guidance.