If she wants him to own the property when she dies the deed should name Mom and Son as joint tenants with the right of survivorship. If the title is stated that way then when Mom does Son will own the property without having to go through probate. You should seek the advice of an attorney to discuss your options and make the change.
Yes, but it takes some legal paperwork. For specifics related to your state and municipality, you should check with a real estate lawyer in your area.
Nothing "happens". Heirs and assigns are words traditionally used in deeds to convey a fee simple interest or absolute ownership. It just means that mom and son own the property together and each can leave their interest to their heirs if they own as tenants in common, or they can sell the property.
In most jurisdictions if the life estate was created in a deed from Mom to her children as remaindermen then the son must convey his interest by deed to the other remaindermen to relinquish his interest in the property.
That depends on how your mother and her son held title on the deed. If they held as joint tenants with the right of survivorship then when she died her son became the sole owner of the property. If they owned as tenants in common then when your mother died her half interest in the property would pass to her heirs at law if she had no will. The attorney who is handling the estate should be able to answer your questions and to examine both the validity of the deed from your mother to herself and her son and the tenancy that was created in the deed. There may be other assets apart from the real property that you are entitled to.
Generally, Mom's estate must be probated in order to pass title to the real estate. As soon as her will is allowed and the executor is appointed the title to the real estate passes to her son if that was set forth in her will. The executor can't convey the real estate contrary to the provision set forth in the will. As long as the will was probated the son owns the property. If the executor "deeded" the property to himself and he is not the son then that deed is null and void. You should seek the advice of an attorney.
In many states you use a quit claim deed. You deed the property from the current owners to the new list of owners. If you have Mom and Dad on the deed and want to add Kid, then you would use a quit claim deed to release owner ship from Mom and Dad and give ownership to Mom, Dad, and Kid.
You cannot remove someone's name from a deed. You would need to persuade your son-in-law to convey his interest to you by a quitclaim deed.
That factor can be negotiated and may be considered by the court if proof of Mom's down payment is entered as evidence. However, unless different proportions are recited in the acquisition deed, the grantees on a deed each acquire an equal interest in the property.
WikiAnswers does not give answers that tells what to do in that situation
Yes a gift deed can be valid if it is done legally and correctly. The deed would have to be viewed by an attorney to determine if it was executed correctly.
Yes, a Gift Deed or Deed of Gift is a legal document used to transfer ownership of property from one person to another as a gift without any exchange of money. In this case, a father can use a Gift Deed to give property to his son.
If you conveyed your property to you and your son thn he has a half interest in the property. To get the property back into your name alone he would need to sign a quitclaim deed that conveys his interest to you.
It depends on the tenancy recited in the deed. If the deed recites that you will hold title as joint tenants with the right of survivorship then husband's interest will automatically pass to wife upon his death.