Add light in the Affidavit of Death

Aug 6th, 2022
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How to add light in the Affidavit of Death

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everybodys Christopher small from a CMS law firm coming to you live pretty late at night to talk to you about something thats kind of fun and interesting transfer on death deeds the reason I wanted to talk to you about this was as usual I had a conversation with a potential client today about transfer on death deeds and it kind of sparked a conversation about one of the potential downsides to transfer entity that a lot of people dont think about and I wanted to talk to you about it tonight so that you would know about it as well um as always though if you do not have your estate plan in place or if you do and you want to get sort of a complete rundown on the on the other foundational aspects of an estate plan the things that everybody should have to learn what the what the benefits are sort of what the downsides are what some of the things that they dont do then you can go to estate planning video.com and check that out about twenty minute video or so kind of outlines the the same

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Terminating Joint Tenancy If parties hold title as joint tenants and one is deceased, the survivor may file an Affidavit of Death of Joint Tenant. It may be advisable to consult an attorney due to the legal aspects involving a change in ownership of real property.
How Do I Record an Affidavit? Take a certified copy of the death certificate of the deceased joint tenant and your affidavit to the recorders office in the county where the real property is located.
For example, if A and B Joint Tenants form a revocable trust with each other as beneficiaries, A and B both become Original Transferors. When the property passes to the other upon the death of A or B, the real property is not reassessed.
A joint tenancy may be terminated by express agreement between the tenants, and such an agreement, at least with respect to personal property held in joint tenancy, may be oral.
Recent Changes to the Law Step-by-Step Instructions. Obtain a certified death certificate and copy of the TOD deed. Send notice to the legal heirs. Who are the legal heirs? Fill out the Affidavit of Death, including Notice to Heirs (do not sign) Sign the Affidavit in front of a notary.
Joint tenancy is a way for two or more people to own property in equal shares so that when one of the joint tenants dies, the property can pass to the surviving joint tenant(s) without having to go through probate court.

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