wrong name on deed & husbands debt

[blessed1202]

What is the name of your state? this takes place in kansas
I have a couple of questions and I'm not sure I need a lawyer. My parents died and left, in a will, a house and 10 acres to us 6 children. When my dad was very sick he signed over the deed to us and misspelled my name. On the will is my previous marriage name.
My siblings are concerned. There is a big contractor trying to take the land in that area and they believe that if they find a mistake on the deed they can claim eminent domain and not pay as much as it's worth. Also my husband had a loan on a trailer home (while we were married) and we had to let them have it back. He has not payed on it and he owes a small amount in back taxes on it in Wyandotte County. The thing is, the trailer and taxes are in my husbands name alone, but my siblings believe our parents home will be taken to pay these. They want to have me fill out a quit claim.
Another point--they live there in the Kansas City area and I live in Fort Worth, Texas.

 

[Dandy Don]

You need to talk to a local attorney about how eminent domain is handled in your area to see if there is anything you can do to protect against it legally, but the fact is the developer could use eminent domain now and the fact that there may be a mistake in spelling on the deed is not sufficient cause to be concerned about--they could do it even if the name were spelled correctly.

There seems to be no need for you to sign away your rights in a quitclaim deed.

The deed does need to be corrected for legal purposes (because it should have been done at probate), and the sooner it is done, the better, so that clear title can be shown if the property does come up for sale.

DANDY DON IN OKLAHOMA ([email protected])

 

[nextwife]

Talk to a title company, but they likely can simply use a version of "Fred A. Smith...Also known as Frederick B Smith" type of language on any conveyance deed as a clarification. THis is commonly used when parties names are shown slightly different than their legal name.

If there is a deficiency judgement filed against hubby, it could indeed attach to your interest in real estate as a marital debt if in the same county. How much might the deficiency be? Would the real estate interest cover it?

 

[blessed1202]

The debt might be one quarter of the value of the estate and yes it was in the same county. From the research I've done, Kansas is a non-community property state. That, to my understanding, means the debt cannot be assigned to me because my name was not on the original agreement at all.
Is this true?