Selling property when one owner is deceased

[MikeC17]

What is the name of your state? Ohio
I am assisting my mother-in-law in disposing of vacant property that has been in the family for some time. They paid cash for the property and both her name and her now deceased husband's name are on the Warranty Deed. He died in 1996. We now have a buyer and wonder if his name on the deed will present any issues we should address prior to the close? Some additional facts, he did leave a Will and in it in addition to passing everything to her, specified her as the executor of his will. As I understand it, it gave her rights to act on his behalf after his demise. Does the Will allow for her to execute the close on the sale? Do we need to file a quit claim? I appreciate your thoughts.What is the name of your state?

 

[nextwife]

No, you can't file a quit claim for a deceased party's interest.

No, you can't complete probate between now and closing.

HOW exactly is the property titled?

 

[PghREA]

All you need is a copy of the death certificate.

 

[nextwife]

All you need is a copy of the death certificate.

That is ONLY the case if they held title as Jt Tenants. As we do not know if this is the case, and this was NOT their residence, it could be held in any of several ways. In which case a death certificate is NOT necesssarilly what is needed. Which Is why I asked HOW title was held.

 

[lwpat]

Was his will ever probated? If not you will now have to probate the will. If the will was probated, how was the property handled. Exactly how are the names listed on the deed? If your state allows joint with right of survivorship, all you may need to do is take the death certificate to the courthouse. Get copies of all the paperwork and take them to the closing attorney.

 

[MikeC17]

The title is written up as Mr and Mrs. We have the death certificate and the Will specifies everything goes to his wife.

 

[BelizeBreeze]

The title is written up as Mr and Mrs. We have the death certificate and the Will specifies everything goes to his wife.

That is NOT how the deed is 'written up'.

Now, why would I say that?

 

[pojo2]

That is NOT how the deed is 'written up'.

Now, why would I say that?

Because people posting questions here do not know that 1 little word or ommision of a word can change an entire document and get huffy and call us smart asses when we desperately try and tell them to go see an Atty who CAN look at the document and explain it to them??? Just a guess!

And because that is NOT how the deed is "written up"!

 

[PghREA]

Nope, never saw a deed with "Mr & Mrs" written on it. (As we all know the people "Mr" and "Mrs" refers to can change while ownership of the property does not.)

 

[HomeGuru]

That is NOT how the deed is 'written up'.

Now, why would I say that?

**A: because you know the real Mr. & Mrs?

 

[HomeGuru]

Because people posting questions here do not know that 1 little word or ommision of a word can change an entire document and get huffy and call us smart asses when we desperately try and tell them to go see an Atty who CAN look at the document and explain it to them??? Just a guess!

And because that is NOT how the deed is "written up"!

**A: here is another guess. I guess it involves the exact type of tenancy held ie. joint or tenants in common

 

[BelizeBreeze]

**A: because you know the real Mr. & Mrs?

Yep....Sylvia told me their life story.

 

[HomeGuru]

Yep....Sylvia told me their life story.

**A: Dr. Hook knows Sylvia's mother.

 

[MikeC17]

That is NOT how the deed is 'written up'.

Now, why would I say that?

Let me try to be clearer. All I have indicating the property is theirs is Form 673 - Ohio Warranty Deed - Without Dower Clause. Near as I can tell the property is titled as in His Name and Her Name ( ex: Harry D. Smith and Mary C. Smith). There is no reference to joint tenancy or rights of survivorship. It seems pretty basic and simplistic. The other document I have is a title insurance policy but that lists the names the same as the deed. Thanks for your insights.